Latest News
Back
Karnataka High Court reserves judgment on hijab case
Karnataka High Court reserves judgment on hijab case
After hearing all the petitioners for 11 days Karnataka High Court Reserved its judgment in the bunch of petitions filed by the Muslim girl students of Udupi government college challenging the government order which restricts the Muslim girl students from wearing Hijab in educational institutions in the state. The Hijab dispute is adjudicated by a three-member bench consisting of Chief Justice Ritu Raj Awasthi, Krishna Dixit and JM Khazi.
Till the judgement is announced the interim order passed by the Karnataka high court will be in force. Karnataka high court on February 10th passed interim order by barring the students of educational institutions from wearing Hijab, Shawls, or using any religious flags while attending the classes.
Senior Advocate Subhash Jha contended before the court that the activity or controversy of the Hijab was pursued upon the conspiracy of radical organisations which are funded by the foreign nations. Subhash Jha stated “the agitation of this magnitude cannot be created overnight and therefore if this agitation is engineered and this is obviously engineered, funded by some organisation, this cannot start out of the blue. This is sinister design”
Karnataka government informed the Karnataka high court that a First information report (FIR) has been filed against the campus front of India (CFI) on the charges of instigating 6 students to start wearing Hijab to class. Campus Front of India (CFI) has threatened the teachers of the Government College of Udupi which is the centre of the Hijab controversy hence based on their information an FIR has been filed against them in instigating the sensitive communal matters.
the Karnataka High Court informed all the parties including intervenor applicators to file written submissions to the court. Further, the court held that it has sought information from the Karnataka government regarding the intervention of the radical organisations behind the controversy of Hijab In the state.
During the proceeding of the court on Friday
- advocate Yusuf Muchchala appearing on behalf of one of the petitioners contended that the petitioner is asking permission to cover the head with a piece of cloth and it’s not the right of the college to prevent the same
- Yusuf Muchchala argued that even Hadith recognises the practice of wearing Hijab and the essential practice of religion cannot be imported from freedom of conscience.
- Advocate general argued on behalf of the state that anything stated in the Koran is obligatory but not mandatory and if it is made mandatory it’s contrary to the precedent set by the supreme court in the Shayara Bano case.
- Dr Vinod Kulkarni, petitioner in person denied the averments of the advocate general that there is no mention of the practice of wearing Hijab in Koran and completely denied the averments that wearing hijab is against the public order, morality and health.
- He further contended that the interim order of the court banning of hijab in schools and colleges has affected the mental health of Muslim girls or more so girls who wear the hijab.
- Advocate Balakrishna filed a petition and requested the Karnataka High Court to issue directions to the media and prevent them from taking photos and videos of Muslim girls wearing Hijab as it is violating their right to privacy and the actions of media lead to the humiliation of the children.
- The full bench of the Karnataka High Court suggested the advocate file a complaint in the concerned authority and dismissed the petition.
- Advocate Subhash Jha pleads before the high court to direct the Central Bureau of Investigation (CBI) and National Investigation Agency (NIA) to conduct an investigation regarding the involvement of radical organisations and about the agitation instigated all over the country.
On 31st January 5 students approached the High Court and filed public interest litigation seeking a declaration from the high court that it is their fundamental right to practice their religion and they should be allowed to wear Hijab on the college premises. Then the case was referred to the full bench of the Karnataka high court and the high court gave an interim order preventing students from wearing Hijab, shawls and any religious flags in educational institutions. When the case was listed on Friday the full bench headed by the Chief Justice of the High Court reserved the judgment on the Hijab matter.
