"Too soon to interfere": CJI Ramana to Kapil Sibal after Karnataka Hijab matter mentioned in Supreme Court

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The Hijab row finally reached the Supreme Court on Thursday when senior advocate 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."

Senior Advocate 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. 8th and 9th of February, 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.

Earlier, 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.

Case Title: FATHIMA BUSHRA Vs. THE STATE OF KARNATAKA & ORS.