Karnataka High Court Full Bench will continue hearing on a batch of petitions challenging the hijab ban in educational institutions. The matter is before a bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi will hear the petitions today at 2.30 PM.On Friday the Court requested the State to re-open the educational institutions at the earliest and...
Karnataka High Court Full Bench will continue hearing on a batch of petitions challenging the hijab ban in educational institutions.
The matter is before a bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice JM Khazi will hear the petitions today at 2.30 PM.
On Friday the Court requested the State to re-open the educational institutions at the earliest and has restrained students from wearing any sort of religious clothes in classrooms, regardless of their faith, while the matter is pending hearing.
Senior advocate Devadatt Kamat appearing on behalf of aggrieved students made extensive arguments on Monday. It is the petitioner's case that the right to wear hijab is an essential religious practice under Islam, and the State is not empowered to interfere with such rights under Articles 14,19 and 25 of the Constitution.
Bench rises. The hearing to continue tomorrow at 2.30 PM.
Chief Justice: This is not correct practice. A lawyer cannot swear an affidavit. It has to be sworn by the party.
Tahir : But the civil rules permit it.
CJ : The Affidavit filed by advocate is rejected. We will continue hearing tomorrow.
Advocate General objects : The affidavit is filed by the counsel. We will respond to a proper application.
Tahir : Civil rules permit counsel to file affidavit in certain circumstances. I have explained why the party cannot make the affidavit.
Kumar : Colleges are reopening tomorrow. I, therefore, submit that application I made yesterday.
(The application alleges misuse of HC order by authorities by preventing hijab wearing girls and teachers).
Chief Justice :We will continue tomorrow.
Referring to Section 2(17) of the Education Act, Kumar submits that Governing Council can be there for govt PU Colleges or Colleges.
CJ : You say CDC is not defined under the Act?
Kumar : It is not an authority under the Act.
Kumar : Education Act is a complete code. This College Development Committee is a non-existent body under the statute. It is an extra-legal authority which is now endowed with the power to prescribe the uniform, contrary to the scheme of the act and letter of the rules.
Kumar : We are not violating any public order, equality or unity.
Kumar : Kindly take note of the fact there is no ban of wearing hijab by any student much less by religious minority community. GO says CDC will prescribe it. Till then, clothes which do not threaten public order, equality or unity must be worn, it says
Kumar : Government has said it is yet to decide on the uniform.