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In March this year, the bench of Chief Justice Ritu Raj Awasthi and consisting of Justices Krishna Dixit and JM Khazi of the Karnataka High Court had dismissed the plea(s) challenging the alleged ban on wearing the Hijab at Pre-University colleges in Udupi district of Karnataka. Court had rejected petitioners' contention that the girl students have the freedom of conscience guaranteed under Article 25 and observed that "there is no evidence that the petitioners chose to wear their headscarf as a means of conveying any thought or belief on their part or as a means of symbolic expression. Pleadings at least for urging the ground of conscience are perfunctory, to say the least."
The Supreme Court has decided to hear the challenge pertaining to the Karnataka High Court order in dismissing the plea challenging the alleged ban on wearing the Hijab at Pre-University colleges in Udupi district of Karnataka on Monday, i.e., September 5, 2022.
A bench of Justices Hemant Gupta and Sudhanshu Dhulia today issued notice in the petition filed by a student before the Supreme Court challenging the Karnataka High Court's order.
When the matter was taken up today, SG Mehta informed Court that a letter was circulated.
Hearing this, Justice Gupta cautioned the petitioners that he will not allow "forum shopping".
"You asked for early hearing, we cannot allow forum shopping, you argue before us", said a visibly angry Justice Gupta.
SG Tushar Mehta, appearing for the State of Karnataka also informed the Court that they did not wish to file a counter as the case was based purely on a question of law.
The petitioners, hearing this, asked for two weeks time.
To this court said, "You have asked for this hearing so many times, and now you are seeking time".
SG Mehta also told court that the petitioners had mentioned the plea six times.
Accordingly, Court without acceding to the petitioner's requests, said that it will take up the matter on Monday for arguments.
The instant plea filed through Advocate Anas Tanwir has alleged that the High Court has failed to note that the Karnataka Education Act, 1983, and the Rules made thereunder, do not provide for any mandatory uniform to be worn by students. Whereas, the Act reveals that it aims to regulate the institutions, rather than the students, the plea added.
It is to be noted that another petition was moved before the Supreme Court challenging the Karnataka High Court order in the Hijab row stating that associating scarf/hijab with Muslims only is actually an insult to the centuries-old tradition and practice of covering our heads in India which dates back to even before the commencement of Islam.
During the pendency of the issue before the High Court, a petition had been filed before Supreme Court over the same issue, to which, a bench comprising the Chief Justice of India NV Ramana, Justice AS Bopanna and Justice Hima Kohli had said that "It's too soon to interfere with the High Court, let them decide, as soon we list the matter the High Court stops hearing it."
While banning the hijab-wearing inside classroom in the pre-university colleges, the Karnataka High Court had observed that "what is not religiously made obligatory...cannot be made a quintessential aspect of the religion through public agitations or by the passionate arguments in courts."
Case Title: X Vs State of Karnataka
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