Hijab Ban- Karnataka High Court Full Bench Hearing (Day 9)- LIVE UPDATES

Nagabnad: There are two categories of muslims, Khoja and Kutchi Memons. In a case, they said though we are Mohammedan, Hindu law will apply to us.

Refers to a division bench judgment of Bombay High Court of 1992.

Naganand : I remember in colleges students, students from Tehran would come in Bangalore. We used to see hordes living here. At that time purdah etc was not needed.

Naganand : In Iran, during Shah's rule, Tehran was called the Paris of the East. Life there was as flamboyant and luxurious as in Paris. There was no purdah, even though it was a muslim state.

Naganand now refers to Bijeo Emannuel case : In that case, it was not disputed that it was essential for Jehova's Witness to not sing in praise of anyone except Jehova. It was in that context the judgment came,

Naganand refers to a judgment on allowing Sikh person to wear kirpan.

In Article 25(2), explanation is given allowing kirpan, he adds

Naganand refers to Allahabad HC judgment which held that use of loudspeaker was not an integral part of azaan in Mosques.

Naganand refers to a decision where the Court said No to an argument by Hindus that bursting of crackers was necessary for a festival.

Naganand: If in the wisdom of this committee, they take a decision that there should be uniformity . It is good for students because it will rid the students of the overarching influence of religion. Because they have come for education, and what is the need for external symbols.

Naganand cites a Supreme Court decision on use of loudspeaker in a church 2000 7 SCC 282.

Naganand: No fundamental right is absolute. Article 25 starts with "subject to". My right for peaceful existence cannot be threatened by somebody saying I want to exercise my religious rights. SC has said in many decisions.