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A special bench of Karnataka High Court headed by CJ Ritu Raj Awasthi today has indicated it will pass an order re-opening schools and colleges however they will ask the students not to wear any kind of clothing which is religious in nature to the schools and colleges as an interim measure. “We will pass an order for the institutions to start. Till the matter is pending is before this court, they shall not wear any religious garments”, bench said
However, the court had mentioned at the start of the hearing that the media must not report any observations and should wait to read the order copy. Thus, the report is based on the oral statement of the court indicating the above. The special bench was hearing petitions pertaining to plea(s) by girl students challenging the alleged ban of wearing Hijab in government pre-university colleges in Udupi district. The bench also consisting of Justice Krishna Dixit and Khazi was constituted after the matter was referred to a larger bench by a Single Judge yesterday.
Yesterday, Justice Krishna Dixit of Karnataka High Court placed the ongoing Hijab controversy before the Chief Justice of the High Court. He remarked
"I have only one short question whether Hijab is an essential religious practice or not. The question maybe one, it maybe very small but it warrants a lot of consideration. In questions like these it is better that a wide view is needed. Dont be under the impression that benches will take a long time to constitute. Our CJ is very quick in this regard. Whatever petitioners have submitted yesterday will not go waste," the bench said before passing the order.
A bench of Justice Krishna Dixit yesters said that the petitioner(s) may pray for interim relief(s), if any, before the Chief Justice's bench.
"Papers be handed to the CJ to consider if a larger bench can be constituted in the subject matter. Submissions were made by both sides in relation to interim prayers. Even interim prayers merit consideration at hands of larger bench that maybe constituted by CJ.Therefore arguments advanced on the interim prayers lest such reproduction should prejudice either sides at larger. The registry is directed to place the papers before the CJ immediately regarding urgency pleaded in the case. It is open to the petitioner to seek after the decision is taken by CJ.," the single Judge bench said.
On Tuesday, the Court had requested the student community at large and the public to maintain "peace and tranquility" and not to indulge in any agitation. He noted the same after the Advocate General Prabhuling Navadgi informed the Court that a lot of “Galatta” (Kannada for loud uproar) is unfolding over the Hijab Row issue in several institutions even when the court is hearing this matter and prayed that it should be halted. "There are agitations and some sort of law and order situation is seeking to be fanned up. I seek an interim order that till the issue is resolved by the court that there cannot be agitations," the AG said.
Senior Advocate Devdutt Kamat for the petitioner(s) however stated that all students cannot be banned or injected from holding protests as political parties will gain from it. "To injunct all people will be problematic. The State wants to politically gain from this because there are protests planned tomorrow. Some people are being harassed in the street," he said.
The matter will be heard next on Monday at 2.30 PM
Case title: Resham Vs State of Karnataka & Ors
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