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The Supreme Court (SC) today refused to interfere in the matter pertaining to Hijab Ban. The Chief Justice of India Justice Ramana remarked “Don't spread these things to a larger level.”
The CJI further said “You have to think if you want to bring this to Delhi on a national level.”
Sr. Adv. Devadatt Kamat mentioned that there has been an SLP filed challenging the order of Karnataka High Court passed yesterday banning students from wearing anything in relation to their religious identity.
He said this will also affect students belonging to other religions like Sikhism and dissuade them from wearing their turban to educational institutions.
Solicitor General (SG) Tushar Mehta appearing for the State of Karnataka said that the order of Karnataka High Court is not out yet.
The Court on hearing the parties informed the parties that they will hear this at an appropriate time.
The CJI said, “If some exams are getting hampered, we will take it up at an appropriate time. Others matters are also the same.”
The CJI further said that they were also observing what is happening and the constitutional rights are available to each community and the SC will protect it.
The Hijab row finally reached the Supreme Court on Thursday when Sr. Adv. Kapil Sibal mentioned the issue before the bench led by Chief Justice of India NV Ramana.
However, the Top Court said that it is too soon to interfere with the Karnataka High Court's proceeding in the issue whereby girl students have challenged the alleged ban of wearing Hijab in government pre-university colleges in the Udupi district.
A bench comprising the Chief Justice of India NV Ramana, Justice AS Bopanna and Justice Hima Kohli 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."
Sr. Adv. Kapil Sibal mentioned a writ petition filed in this regard today in the morning stating that "The matter has to go before a 9 judges bench, the exams are about to start, schools and colleges and are closed, girls are being stoned."
CJI Ramana said, "We'll see."
The petition before the apex court has stated, "Though the matters before the Hon’ble Karnataka High Court seems to have been argued at length over two days i.e. February 8 and 9, 2022, no relief seems to have come forth in the interim, though the Petitioner as well as thousands of similarly situated girls are being denied entry into schools/colleges for over a week now."
It has further stated that, "The Petitioner herein does not wear the Hijab as a form of any political symbolism or to intimidate, heckle or belittle her fellow classmates or any other person. The Petitioner, like many other Muslim girl students, is a religious, practicing Muslim who takes pride in practicing her religion, not only in name but as a way of life which encompasses very many aspects including how one should carry herself both in private and public."
The plea has sought for a direction declaring the State Government’s direction dated February, 5, 2022 as illegal and ultra vires.
It is to be noted that the matter is being heard before a Karnataka High Court bench, whereas, yesterday, The High Court had placed the ongoing Hijab controversy issue whereby girl students have challenged the alleged ban of wearing Hijab in government pre-university colleges in Udupi district before the Chief Justice of the High Court.
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