ndialive Hijab Case Highlights: Karnataka HC adjourns hearing after AG says he will argue tomorrow News9 Staff News9 Staff 17 Feb 2022 4:19 PM Hijab row 3 Students leave after they were not allowed to attend classes while wearing Hijab in Udupi. (Photo credit: PTI) highlights CJ criticises multiple intervention petitions being filed in the case. Allow girls to wear hijab on Friday and month of Ramzan: Advocate. Advocate General says he will argue tomorrow, other counsels say they’ll submit only after AG. Karnataka High Court Hearing on Hijab Highlights: A three-judge bench of the Karnataka High Court, headed by Chief Justice Ritu Raj Awasthi, is hearing the hijab case to decide if schools and colleges can order students not to wear the headscarf in classrooms. The HC had on Friday restrained all students regardless of their religion or faith from wearing saffron shawls (bhagwa), scarfs, hijab, religious flags or the like within classrooms until further orders. Meanwhile, around 60 final year students of the government G Shankar memorial women’s first-grade degree college in Udupi on Thursday returned home after they were told to take off their hijabs by college authorities. Though the Muslim girl students argued with the authorities saying the chief minister has clarified that uniforms are not mandatory in degree colleges, the authorities said it is the college development committee that fixed the rules. The girls, who insisted that they will not attend classes without the headscarves, said hijab and education are important to them. They also wanted the college committee to give in writing if the state government has decided to introduce a dress code in degree colleges. During Wednesday’s hearing in Karnataka HC, Senior Advocate Ravivarma Kumar, appearing for one of the petitioners, asked why only Muslim girls were being targeted when the same colleges were allowing “dupatta, bindi” and even “turbans”. “Bangles, turban, dupatta, skull caps or even religious pendants are very regularly worn in India. Why then is the hijab being targeted? It is only because of her religion that the petitioner is being sent out of the classroom. A bindi wearing girl is not sent out, a bangle wearing girl is not. A Christian wearing cross is not touched. Why only these girls? This is a violation of Article 15,” argued Verma. The controversy started last month at the Government Girls PU college in Udupi district as six students alleged that they had been barred from classes for wearing headscarves and many Muslim girls took up the practice in protest. On February 5, the Karnataka government had passed an order that barred students from wearing clothes that “disturb equality, integrity and public order”. Headed by Chief Justice Ritu Raj Awasthi, the three-judge bench, referred to as a full bench of the High Court, also includes Justice Krishna S Dixit, who had earlier referred the matter to a larger bench, and Justice Khazi Jaibunnisa Mohiuddin. The special bench of the HC is hearing a total of five petitions on the hijab row on behalf of 18 girls from colleges in the Udupi. Live Updates Matter adjourned for tomorrow | Hearing Ends An advocate says mediation should be directed to resolve the issue. Chief Justice Awasthi says, “Constitutional issues are involved. How can mediation be done in such matters? Mediation can be done between consenting parties. You move to petitioners and respondents and if they agree, we will consider.” Bench rises for the day. Case to be heard again tomorrow i.e. Friday at 2:30 pm. FB ShareTwitter ShareWhatsapp Share Advocate General says he will argue tomorrow Advocate General Prabhuling K Navadgi says he will make his arguments tomorrow. Senior advocate Sajan Povvayya, appearing for a College Development Committee, says he will make a submission after the AG has completed his arguments. Senior Advocate SS Naganand, appearing for some professors against whom allegations have been made, says he will argue after the AG. After advocate Subhash Jha seeks half an hour as an intervenor in the case, Chief Justice Ritu Raj Awasthi says, “Right now we don’t want any intervenors in the case. We will first listen to the petitioners, then the respondents and after that, we will see if we will hear intervenors. If you want Mr Jha, extend your help to your friends on the respondent side.” FB ShareTwitter ShareWhatsapp Share Another petition has been dismissed due to a lack of details Senior Advocate Abdul Majid Dar, appearing for five girls who have been affected because of the hijab ban, says, “This government order is cryptic in nature, unconstitutional and illegal. We don’t need judgments from Tanzania or London. When the Constitution came into being, up to 1960 there was no problem.” The bench asks who these individuals were that Dar was representing and how these girls are affected and where they were studying. Justice Dixit responds, “You are wasting precious time. You should state which petitioner is studying in which college. This is an important matter. We have adopted the provisions of CPC, which requires all material particulars to be pleaded. You have not pleaded, which school the girls are studying, which school has prevented.” The petition has been dismissed with Dar being asked to file a fresh plea which has all details. “Such an important matter, a special bench has been constituted. Petitioners have so beautifully presented their case. Are people trying to ruin the arguments of the petitioners?” says Justice Dixit. FB ShareTwitter ShareWhatsapp Share Banning of hijab is akin to banning Quran: Advocate Advocate Dr Kulkarni quotes a song sung by late Lata Mangeshkar and says, “Kuch pakar kuch khona hain kuch khokar kuch pana hai… (we have to lose something to gain something).” He adds that banning of hijab was tantamount to banning Quran. Court says, “For you both are same?” Kulkarni says, “For the entire world it is the same. The banning of hijab will be akin to banning the Quran.”
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