Hijab Ban- Karnataka High Court Full Bench Hearing(Day 3)- LIVE UPDATES

Kamat :This is an innocuous practise of wearing head scarf and not changing my uniform. This is a facet of freedom of speech and expression. If small exemption is given to wear headscarf, it will be in line with right to freedom of speech and expression.

Kamat : State says we are a secular state, we are not Turkey milords. Our Constitution provides positive secularism and all faiths have to be recognised.

Kamat quotes from SC judgment in Aruna Roy case - Our secularism is from a Vedic perspective "Sarva Dharma Sama Bhava"

Kamat : When your lordships passed the order last day, probably your lordships had secularism in mind. But our secularism is not Turkey secularism. Ours is positive secularism. We recognise all religions as true.

Kamat says there is judicial recognition to fact that "hecklers veto" cannot be allowed.

"If I go on street, and somebody stops saying he does not like Devdatt Kamat, then State cannot stop me from going to the street saying it will create public order issue".

Kamat : If the state says if somebody wears a head scarf and it will lead to galata, therefore we cannot allow it, that is an impermissible argument.

Kamat refers to a SC judgment authored by Justice Chandrachud which makes a mention about growing intolerance.

Kamat : State cannot create a facile argument that public order is disrupted and it has to create a positive environment facilitating enjoyment of rights.

Kamat now on the point of whether public order can be invoked here.

Kamat: Yesterday I was on the point that State cannot say that public order will be disturbed...

Kamat says he will give a written note about the judgments. CJ says that will be better.

Kamat says the Canada judgment permitted a Sikh student to wear Kirpan to school.