Hijab row: Student moves Supreme Court challenging high court's 'restrain' order

By | Written by Poulomi Ghosh
Feb 11, 2022 08:50 AM IST

Karnataka high court order that schools and colleges can reopen but students will not be allowed to wear religious dresses violates the Article 14, 15, 19, 21, and 25 of the Indian Constitution, a special leave petition filed before the Supreme Court said.

A fresh plea has been filed in the Supreme Court challenging the interim order of the Karnataka high court in which students have been restrained from wearing religious dresses in colleges, news agency ANI reported. The special leave petition has been filed by a student who said the interim order has put the choice of conscience of individuals, particularly that of Muslim women students into question. Along with an ex-parte ad-interim stay of operation of the impugned order dated 10th of February, 2022 passed by the High Court of Karnataka, the petitioner has also sought an ex-parte ad-interim stay of operation of the proceedings in the case pending before the High Court passed by a Co-ordinate Bench, Livelaw reported. 

The interim order of the Karnataka high court on the hijab row has been challenged. 
The interim order of the Karnataka high court on the hijab row has been challenged. 

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The petitioner produced the text of LiveLaw live tweets of Karnataka High Court Proceedings since the High Court has not yet released the order copy, it said. 

A full bench of the Karnataka high court on Thursday heard the hijab ban case and said it wants the matter to be resolved at the earliest but till the time the matter remains pending students are not allowed to wear religious clothing in schools and colleges to maintain peace and tranquillity.

As the Chief Justice delivered the interim order, the lawyer appearing for the Muslim students argued that this interim order will amount to the suspension of rights. "We are told to choose between food and water and both are essential," the lawyer said.

The Chief Justice said, "It is a matter of a few days. Please cooperate."

As lawyers argued that one cannot be asked to suspend their faith for a few days, the chief justice said, "We will restrain everyone from adopting religious practice while we are hearing."

Apart from the student's plea, a fresh appeal regarding the same row was filed in the Supreme Court on Thursday by Youth Congress president BV Srinivas.

Earlier on Thursday, Kapil Sibal mentioned a plea on the hojab row before a bench headed by Chief Justice NV Ramana to which the Apex Court said it would consider a submission seeking the listing of a plea for transferring a case on the hijab' row from the Karnataka High Court to itself.

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