The Supreme Court is hearing pleas challenging the Karnataka High Court verdict on hijab ban in educational institutions. A bench of Justices Hemant Gupta and Sudhanshu Dhulia on Monday morning turned down the petitioner’s request for adjourning the case today and to schedule a hearing on a non-miscellaneous day.
The top court will hear the matter again on Wednesday.
Senior Advocate Devdutt Kamat, appearing for petitioners, said such a matter of constitutional importance must be heard on a non-miscellaneous day. Solicitor General Tushar Mehta, who appeared for Karnataka state, on Monday opposed the petitioner’s request for postponing hearing.
Earlier on August 29, the apex court, which issued notice to the Karnataka government on the pleas, observed that the petitioners in the matter had repeatedly sought early hearing and when these pleas have been listed, a letter has been circulated requesting for adjournment.
“This is not acceptable. You asked for early hearing time and again. Now, it is listed and you ask for this,” said a bench of Justices Hemant Gupta and Sudhanshu Dhulia. “We will not permit forum shopping. That is all. Come tomorrow for arguments. We will hear you tomorrow,” the bench said at the outset.
Karnataka HC’s judgement on hijab ban
The Karnataka high court had dismissed the petitions filed by a section of Muslim students from the Government Pre-University Girls College in Udupi, seeking permission to wear hijab inside the classroom. The prescription of school uniform is only a reasonable restriction, constitutionally permissible which the students cannot object to, the high court had said.
In one of the pleas filed in the top court, the petitioner said the high court has erred in creating a dichotomy of freedom of religion and freedom of conscience wherein the court has inferred that those who follow a religion cannot have the right to conscience.
The high court had maintained that the government has the power to issue impugned order dated February 5, 2022, and no case is made out for its invalidation. order, the Karnataka government had banned wearing clothes that disturb equality, integrity, and public order in schools and colleges, which the Muslim girls had challenged in the high court.
Challenging the February 5 order of the government, the petitioners had argued before the high court that wearing the Islamic headscarf was an innocent practice of faith and an Essential Religious Practice (ERP) and not a mere display of religious jingoism
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