Hijab Ban- Karnataka High Court Full Bench Hearing (Day 8)- LIVE UPDATES

AG : We have not ventured and we have great reverence, respect and prayers when referring to the holy books. Except for the translation we have not done anything.

Justice Dixit: Apex court has referred to so many books, which author have they said?

AG: The book "Holy Quran, Abdula Yusuf Ali a lawyer from Paksitan", he has been referred to by SC in Sayara Bano case by consent of all, including All India Muslim Personal Law Board.

AG: I must state before lordships with all responsibility, We are no experts. I am not an expert. It is the most difficult part of this case. We have been able to get the English translation of Holy Quran by Syed Yusuf Ali. O will leave it to the Court.

AG : The reason I cited was because, certain suras in Quran were mentioned to claim mosque essential to offer prayers. In the face of injunctions there, court has held it is not essential.

AG refers to Sura No 2 Verse 144 and 145 of Holy Quran. Sura 2 : 187, Sura 17:2 & 17

AG quotes from Faruqui case : "A mosque is not an essential part of the practice of the religion of Islam and Namaz (prayer) by Muslims can be offered anywhere, even in open. Accordingly, its acquisition is not prohibited by the provisions in the Constitution of India".

AG quotes from Faruqi case : "The protection under Articles 25 & 26 of the Constitution is to religious practice which forms an essential and integral part of the religion. A practice may be a religious practice but not an essential & integral part of practice of that religion".

AG now refers to Ismail Faruqui case (which dealt with acquisition of Babri Masjid property) which held that offering namaz in a Mosque is not a fundamental principle.

AG : Without Hijab Islam can survive? I just wanted to give the example of France.

Justice Dixit: It depends on the constitutional policy of the country. It can vary from different country to country.

AG : I just wanted to give an example.

CJ : Islam is the same for everyone, whether India or France.

AG : I'm told in France there is a total prohibition of wearing Hijab in public. But it is not that there is no Islam religion in France.