Hijab Ban- Karnataka High Court Full Bench Hearing (Day 10)- LIVE UPDATES

Kamat : Article 25 gives a canopy of rights.

CJ : There is freedom of conscience and practice religion? Which one is this?

Kamat : This is religious practice.

Kamat : I did not expect the State to question that right.

CJ : Forget about the State, first you establish your right.

Kamat reads Article 25 says it includes both essential and non-essential practices.

Kamat : Your lordships will not ask where is the right.

CJ : No no. You are insisting to wear headgear, inside institution which has prescribed a uniform. Now you say that it is your fundamental right, you tell us what is that fundamental right?

Kamat: If the GO goes, the second question does not arise.

CJ : How can you insist wearing of hijab inside the institution which has prescribed uniform?. You say you have a fundamental right we want to understand that. Forget what AG says, first you have to establish your right.

Kamat: when a challenge is made that Article 25 right is violated, first question lordships will ask to state, is where is the restriction. Once there is a valid restrictions or valid law, the second question arises, whether the law or order impinges on the right.

CJ: Finish your agruments today, we will extend our sitting time.

Kamat : The question of ERP is raised to attack the GO. If the GO goes, the matter ends.

CJ: When you say that if this GO goes, there will be no restriction in exercise of fundamental rights, what is the fundamental right you want to exercise?

Kamat : The GO has to be quashed. If the GO goes, there is no restriction on the exercise of fundamental rights. Judgments on ERP have been cited without saying when does the stage of Court adjudicating ERP come?

Justice Dixit : When u give reply, u can't introduce new arguments

Kamat: Lot of arguments have been made that I have not challenged the 2014 circular, I don't need to milords. As long as the CDC remains a Marga Darshak mandal, I don't have any problem. Let them remain as a guiding force. But the problem is when statutory functions are given.

Justice Dixit : This point has been covered by Ravivarma Kumar, that the functions cannot be delegated to the CDC.

Kamat: I say milords that an MLA is not an officer subordinate to the state govt and that is covered by SC judgement in the case of Ashwini Kumar