Supreme Court will continue the hearing the batch of petitions challenging the Karnataka High Court's judgment which upheld the ban on the wearing of Hijab by Muslim girl students in some schools and colleges in the State. A bench comprising Justices Hemant Gupta and Sudhanshu Dhulia will hear the matterIn the last hearing of the matter, the main arguments were started by Senior Advocate...
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2022-09-07 07:47:18
7 Sept 2022 4:00 PM IST
An advocate seeks permission to intervene, says he is for a Muslim scholar who is supporting the HC judgment.
Justice Gupta : We will allow, the only thing is we have to finish as early as possible.
7 Sept 2022 3:59 PM IST
Kamat : I can satisfy your lordships on ERP. But that is not really necessary. I will place it tomorrow.
J Gupta : Tomorrow we will start a bit early. By around 11.30. If we finish miscellanoues matters early, we can start earlier.
7 Sept 2022 3:57 PM IST
Kamat : I am saying in the alternative. If I succeed in showing that there can be no restriction to my right to wear right #Hijab, then I don't have to go into the question of essential religious practice. High Court missed that. HC first goes to ERP.
7 Sept 2022 3:56 PM IST
Kamat refers to Article 25 - Two fold submission here. We don't have to go into the question of essential religious faith..
Justice Dhulia : That we don't have to go.
7 Sept 2022 3:51 PM IST
Kamat : By actually saying if you come in school wearing a hijab we will not allow you, State violates Article 19.
Kamat : The GO is giving petitioners a Hobson's choice, forcing them to choose between their identity and dignity and right to education.
7 Sept 2022 3:48 PM IST
Kamat : By actually saying if you come in school wearing a hijab we will not allow you, State violates Article 19.
7 Sept 2022 3:47 PM IST
Justice Gupta : It is a way of expression, nothing more than that. It does not compare school with...
Kamat : If your lordship is putting like that, I bow down.
7 Sept 2022 3:45 PM IST
Justice Gupta : This comparision is general...
Kamat : It does not end there. Schools, courts, prisons, war rooms all equated in the same place.
J Gupta : Again, what it says, qualified public spaces like schools, courts,...you are in court, you are wearing a uniform
7 Sept 2022 3:44 PM IST
Kamat : High Court gives the examples of prison, detention and mentions qualified public spaces..this is leading to the argument that once you enter a school premise, you are like a convict....
7 Sept 2022 3:42 PM IST
Kamat : Mr.Advocate General I am on my legs.
AG : To attribute things to High Court and say High Court compared schools to prisons, something I cannot accept.
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