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Dr. Vinod Kulkarni, a party in person, today argued before the Karnataka High Court that banning Hijab is tantamount to banning Quran.

He argued so before a Special Bench of Karnataka High Court headed by CJ Ritu Raj Awasthi and comprising of Justices Krishna Dixit and JM Khazi were hearing  plea(s) by girl students challenging the alleged ban of wearing Hijab in government pre-university colleges in Udupi district.

Dr. Kulkarni submitted that the Hijab issue is creating a mass hysteria and it is disturbing the mental health of poor Muslim girls.

He told the Court that the nation also has obligations to ensure that the mental health of its citizens are kept intact. When asked what directions he wanted from the Court Kulkarni said “Muslim students maybe permitted to sport Hijab on Fridays and on the Month of Ramzan. Guarding mental health is the duty of the country.”

Kulkarni further urged the Court to permit the students to wear Hijab along with the uniforms.

He further submitted that Hijab is an essential religious practice and that it has been laid down in the Quran. When the court asked him to establish this from the passages of the Quran, he said “I don’t have a copy of Quran now milords, but if the court wants I can read it out at a later time.” He then submitted that banning Hijab is tantamount to banning Quran.  The court informed him that Hijab has not been banned anywhere and that Hijab and Quran are not the same thing.

The Court however informed him that they have made a note of his submission and that they will consider the reliefs in his prayer.

The Court today made it clear that it will first hear the petitioners and the respondents and will subsequently decide whether they will hear the intervenors or not.

When the hearing commenced, counsel Sadan Farasat submitted that he has filed an intervention in the matter and that he wants to point out certain portions from the UN Rights of a child ratified by the government.

The Court said, “We fail to understand the concept of intervention. We are hearing the counsels, if we require we will call you. Let the parties appear and argue. We don't need any intervention of anybody. Thank you.”

Upon being urged by various other counsels for intervenors to hear their submissions, the court said “You cannot insist to intervene. Right now we are hearing petitioners and the respondents. First the petitioner can finish, I don’t know how much time it will take. How much time you people want us to give?” Advocate General Prabhuling Navadgi at this point informed the court that many petitions are also being filed and that some of the petitions have no cause of action in them. The court however told him that it won’t be preventing anyone from filing petitions.

Since the Court found that two of the writ petitions were not maintainable and had heard one petitioner in person, it urged the AG to start his arguments today. However the AG informed the court that he will start his argument tomorrow and he has to clarify certain factual aspects in the matter. The other counsels appearing for the Respondents also informed the court that they will begin their arguments after the AG makes his submissions. In view of this request, the court adjourned the matter to tomorrow 18th February 2022.

Before the Court could rise, a counsel submitted that the matter maybe referred to mediation. The court asked the counsel to get the consent of both the parties in order to mediate. The court further informed the counsel that given the constitutional questions involved in the matter, mediation may not be possible.

Cause Title: X vs State of Karnataka