AMN / WEB DESK
Supreme court has sought a response from the Karnataka government on pleas challenging the High Court’s verdict refusing to lift the ban on Hijab in educational institutions of the state. The court also issued a notice in the matters as well on the prayer to stay the HC judgment. The court turned down the request for more time and fixed the matter for a hearing on 5 th of September.
On March 15, a full bench of the Karnataka High Court dismissed petitions filed by Muslim female students in Udupi seeking the right to wear Hijab in classrooms. The high court had earlier stated that wearing the hijab is not an essential religious practice in Islam and that freedom of religion under Article 25 of the Constitution is subject to reasonable restriction.
The HC also upheld an order issued on 5th of February by the state, which suggested that wearing hijabs can be restricted in government colleges where uniforms are prescribed and ruled that such curbs under norms for college uniforms are ‘constitutionally permissible’.
Several petitions have been filed in the Supreme Court against the Karnataka High Court verdict holding that wearing of hijab is not a part of the essential religious practice.
The Supreme Court told some of these parties, who have challenged the March 15 Karnataka High Court’s Hijab ban ruling, it will not allow ‘forum shopping’.
“This is not acceptable. You asked for early hearing time and again… Now it is listed, you ask for (more time). We will not permit forum shopping. That’s all,” Justice Gupta, heading a two-judge bench, said on being told that a letter seeking more time had been circulated.
A counsel appearing for those challenging the HC judgment said the matter had been suddenly listed for hearing on Sunday and that other counsel have to travel to Delhi from places like Karnataka. But the bench also comprising Justice Sudhanshu Dhulia said Karnataka is only 2.5 hrs away by flight.
Appearing for the state, Solicitor General Tushar Mehta submitted Karnataka’s Advocate General had already reached and also requested that a notice be issued so that the matter can be speeded up.
The court issued a notice in the matters as well on the prayer to stay the HC judgment.
The petitioners/appellants’ counsel then requested the court to grant two weeks’ time. Mehta pointed out that the petitioners/appellants had mentioned the matter six times seeking an urgent hearing.
The counsel for the challenging parties said that was because it was exam time for the students and they will now have to prepare the brief. Mehta wondered if they were planning to argue earlier without preparing.
The court turned down the request for more time and fixed the matter for a hearing on September 5 reiterating that “this kind of forum shopping we will not permit”.
A full bench of the Karnataka High Court had on March 15 dismissed a batch of petitions filed by Muslim girls studying in pre-university colleges in Udupi seeking the right to wear scarves in classrooms. The high court had stated wearing the hijab is not an essential religious practice in Islam and that freedom of religion under Article 25 of the Constitution is subject to reasonable restriction.