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"Will Not Permit Forum Shopping" : Supreme Court Pulls Up Hijab Case Petitioners For Seeking Adjournment, Posts Case To Sep 5

Rintu Mariam Biju

29 Aug 2022 5:56 AM GMT

    • Will Not Permit Forum Shopping : Supreme Court Pulls Up Hijab Case Petitioners For Seeking Adjournment, Posts Case To Sep 5

    "We will not permit forum shopping", the Supreme Court of India orally observed on Monday while hearing a batch of petitions challenging the validity on the ban on wearing headscarves in religious institutions in Karnataka.During the hearing, a bench of Justices Hemant Gupta and Sudhanshu Dhulia was told by the Solicitor General Tushar Mehta that a letter of adjournment has been circulated by...

    "We will not permit forum shopping", the Supreme Court of India orally observed on Monday while hearing a batch of petitions challenging the validity on the ban on wearing headscarves in religious institutions in Karnataka.

    During the hearing, a bench of Justices Hemant Gupta and Sudhanshu Dhulia was told by the Solicitor General Tushar Mehta that a letter of adjournment has been circulated by the petitioners.
    Hearing this, Justice Gupta said, "This is not acceptable to us. You wanted urgent listing and when the matter is listed, you want adjournment. We will not permit forum shopping".
    The counsel appearing for the petitioners pointed that that advocates are coming from all over India and some, even from Karnataka.
    "Karnataka is only 2.5 hours away", the Judge was quick to retort.
    The matter was mentioned at least 6 times, SG Mehta apprised the Bench.
    "It was because exams were starting then", the counsel for the petitioners said.
    "So, you mentioned without making preparations?", SG Mehta asked, in surprise.
    "We will not permit this type of forum shopping", Justice Gupta, who is retiring on October 16, reiterated.
    In spite of the petitioners' request seeking two weeks' time in the matter, the Court issued notice to the State of Karnataka and proceeded to post the matter on September 5, 2022.
    Solicitor General, appearing for the State of Karnataka, said that no counter-affidavit may be necessary in the case as only question of law was involved.

    A batch of 23 petitions was listed before the bench.  Some of them are writ petitions filed directly before the Supreme Court seeking the right to wear hijab for Muslim girl students. Some others are special leave petitions which challenge the judgment of the Karnataka High Court dated March 15 which upheld the hijab ban

    The petitions were not listed at all during the term of the previous CJI NV Ramana, despite several rounds of mentioning made by different lawyers seeking urgent posting.
    On August 2, Senior Advocate Meenakshi Arora had mentioned the matter before the then CJI NV Ramana, who then assured to constitute a bench soon.

    Two weeks back, on July 13, Advocate Prashant Bhushan had mentioned the matter for urgent listing, saying the petitions have not been listed since March and that the students are facing difficulties. The CJI had then agreed to list the case the next week.

    In March, CJI had turned down a plea made by Senior Advocate Devadutt Kamat for urgent listing of the matter, saying that Hijab issue has got nothing to do with the exams. On April 26, when another mentioning attempt was made - this time by Senior Advocate Meenakshi Arora- CJI had told her that the matter will be listed in 2-3 days.

    The SLPs has been filed against the judgment dated March 15 passed by the High Court of Karnataka, upholding Government Order dated 05.02.2022, which has effectively prohibited Petitioners, and other such female Muslim students from wearing the headscarf in their Pre-University Colleges. A Full Bench of the High Court comprising Chief Justice Ritu Raj Awasthi, Justice Krishna Dixit and Justice JM Khazi held that wearing of hijab by women was not an essential religious practice of Islam. The Bench further held the prescription of uniform dress code in educational institutions was not violative of the fundamental rights of the petitioners.

    Case : Fathima Bushra versus State of Karnataka WP(c) 95/2022 and connected cases.

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    Supreme CourtJustice Hemant GuptaJustice Sudhanshu DhuliaHijab Ban#Hijab
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