Hijab Ban- Karnataka High Court Full Bench Hearing (Day 7)- LIVE UPDATES

AG : Quran they have quoted. Though they have not shown materials, we have referred sources independently. Whenever reliance was placed on Quran to declare ERP, in four cases SC negated. First case, Kureshi case.

AG : The petitioners have shown zero materials to show hijab is essential religious practice. They have quoted Quran, I will come to that.

AG : You should have shown more circumspection and discretion seeking declaration before a constitutional court binding not only petitioners but everyone.. Law is for all of us. The sentences, averments made by petitioners show nothing. 

AG : I am nobody to criticise. But I can say with some responsibility. In a case like this, where you want to bind every Muslim women, and which can give rise to religious sentiments and division, you should have shown more circumspection to lay a foundation.

AG : "Petitioners believe hijab is essential practice", says another writ petition. In PILs there are no averments.

AG : The burden is on the petitioners to show that hijab satisfies all tests of essential religious practice. Kindly see the pleadings. There are 8 writ petitions. Where are the averments? "Wearing of hijab is part of religious and cultural practice of Muslims", says one.

AG : The petitioners have sought a declaration that every woman who follows Islam religion is required to wear the hijab, they want a declaration which can bind every Muslim women.

AG: With all humility I want to submit, they argued on the test of ERP. The opening para should have been 285 of the Sabrimala case, which is the foundation of the entire case, in this background, your lordships may examine the claim of the petitioners.

AG : (continuing 3rd point) Foundation of religion must be based on that. It must be co-existent with the religion.

4. Binding nature. If it is optional, then it is not essential. If wearing of it is not obligatory, then it is not essential.

AG: From a reading of these cases, I would carve out five principles for the present case :

1.The practise must be fundamental to the religion.

2 If the practise is not followed, it will change the religion itself.

3. Practice must precede the birth of religion.