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

AG : In this case (Udupi Pre-University College) has taken a stand that we will not allow wearing of hijab in the institution. So this issue might have to be gone into by the Court.

AG: If lordships are to decide that wearing of hijab does not fall under Article 25, then it would be different for students and institution. The entire question revolves around whether wearing of hijab falls under Article 25.

AG : The second issue (ERP) might be necessary because of this. Let us say this institution is before your lordships. The question that would be posed can you prevent someone from entering the institution for wearing hijab.  

CJ : These (CDC) are not statutory bodies, they are created by circulars. Since they are not statutory bodies can they be regulated by court order? Do you understand or not? Because stand of state is you are not interfering in whether to allow wearing hijab or not.

AG: Suppose the institution was before the court, and this question was raised.

CJ : Are the institutions amenable to the court? They are private institutions.

CJ : Your stand is state is not interfering, it has left to institution whether to permit hijab or not?

AG: Yes milords

CJ : So whether are we required to go into this constitutional questions or not? Essential religious practice and all?

AG : It may become necessary....

AG: My answer is that Order , it gives complete autonomy to institution to decide uniform.

Whether students be allowed to wear dress or apparel which could be symbol of religion, the stand of the state is.. element of introducing religious dress should not be there in uniform.

CJ : It is argued that they may be permitted to wear the same colour headdress as permitted in uniform prescribed by the college. We want to know the stand of the state? It was argued by Mr Hedge, suppose if they are wearing duppata which is part of uniform, can it be allowed?

AG : If the institutions are to permit, we would possibly take a decision as and when the issue arises...

CJ : No, no, you have to take a stand.

AG: On the second issue, we have said Hijab is not essential.

Chief Justice: What is the import of this..saying that uniform is to be followed? What is your stand that whether hijab can be permitted in institutions or not?

AG : The operative portion of GO leaves it to institutions.

CJ : If institutions permit hijab, you have objections?