Karnataka CJ-led bench to hear hijab pleas today

The court observed that the issues raised have given rise to constitutional questions of seminal importance

A bench comprising Karnataka chief justice Ritu Raj Awasthi, justice Krishna S Dixit and Justice J M Khazi will hear the petitions related to hijab ban in school-colleges on Thursday at 2.30pm.

The hijab row which spread to more colleges in Karnataka on Tuesday, took a violent turn on many campuses across the state.

The development comes after the single bench of justice Krishna S Dixit, Karnataka court, on Wednesday decided to refer the case to the Karnataka high court chief justice Awasthi to set up a larger bench to look into the constitutional validity of the ban.

Justice Dixit while hearing a bunch of petitions filed by Muslim girls from Udupi district said that the issues raised during the hearing has given rise to certain constitutional questions of seminal importance in view of certain aspects of personal law.

“In view of the enormity of questions which were debated, the court is of the considered opinion that the chief justice should decide if a larger bench can be constituted in the subject matter,” justice Dixit said, in the single-page order. The bench was also of the view that the interim prayers seeking relief from the hijab ban should also be placed before larger bench that may be constituted by chief justice Awasthi, exercising his discretion.

Lawyer Sanjay Hegde, appearing for one of the petitioners, requested for an interim order as the exams were two months away and students should not be deprived of their education. Advocate Devadatta Kamat appearing for the Muslim students requested that the girls be allowed “to follow their faith.”

Karnataka advocate general Prabhuling K Navadgi, however, opposed granting interim relief. He argued that the interim order at this juncture would amount to allowing the petition.

“Children must attend the class adhering to the dress code prescribed by the college,” Navadgi said. He termed the petitions as “misconceived” as it questioned the Karnataka government’s February 5 order, banning clothes — other than uniform — which disturbed peace, harmony and, law and order.

Advocate Sajan Poovayya appearing for the College Development Management Committee said the prescribed uniform had been there for the past one year but no one had ever raised any objection over it. Opposing the interim relief, he explained that the college management committee (CDC), comprising parents, teachers and other stakeholders, meets every year and everyone had given consent for the uniform dress.

The hijab row which spread to more colleges in Karnataka on Tuesday, took a violent turn on many campuses across the state. On Wednesday, students in Delhi University and Aligarh Muslim University held protests in support of the Muslim girls.

(With PTI inputs)