Hijab plea goes to Supreme Court, the court refuses to intervene at this stage: Events till Date

The plea filed by a student has sought a stay on the direction of the Karnataka high court, which is hearing the hijab issue, as well as the proceedings going on before the three-judge bench. The Supreme Court on Friday refused to intervene in the Karnataka hijab controversy, saying “We will take it up at an appropriate time.” The Supreme Court on Friday refused to intervene in the Karnataka hijab controversy, saying “We will take it up at an appropriate time.”

• Single judge bench refers the matter to larger bench: Previously a decision by a single- judge bench of the Karnataka high court on Wednesday to refer a batch of cases pertaining to a ban imposed on girls wearing hijab at some government colleges in the state to a larger bench.  The single-judge bench initially allowed arguments to be placed for an interim order on allowing the students to attend classes for the final two months of the current academic year. But it later decided to refer the question of interim relief as well to a larger bench since the state government and advocates for the petitioners could not arrive at a consensus.
• Three judge bench constituted: The Chief Justice of Karnataka High Court Wednesday constituted a three-judge bench, including himself, to hear a batch of petitions questioning a ban on the use of hijabs in a few pre-university colleges in the state after a single-judge bench of the court had decided to refer the pleas to a larger bench saying the case involved larger Constitutional issues.
• Composition of larger bench of Karnataka High Court: Headed by Chief Justice Ritu Raj Awasthi, the three-judge bench, referred to as a full bench of the High Court, will also include Justice Krishna S Dixit, who referred the matter to a larger bench, and Justice Khazi Jaibunnisa Mohiuddin. Justice Mohiuddin is a woman judge who took oath as an additional judge of the High Court in March last year.
• Writ petition: Smt. Resham and Anr. vs the State of Karnataka [W.P 2347 of 2022]. The special bench heard on Thursday a total of five petitions on the hijab row on behalf of 18 girls from colleges in the Udupi region.
• Karnataka High Court: Significantly, the constitution of a larger bench is contrary to the Karnataka High Court rules, which prescribe that a reference to a full bench can be made only by a two-judge bench. The larger bench hearing also takes away a layer of intra-court appeal. A ruling by a single-judge bench can be appealed before a two-judge bench of the High Court but a ruling by a full bench can only be challenged before the Supreme Court.
• Court observation on secular state and deeper examination of the issue: Being a secular State, it does not identify itself with any religion as its own. Every citizen has the right to profess & practise any faith of choice, is true. However, such a right not being absolute is susceptible to reasonable restrictions as provided by the Constitution of India. Whether wearing of hijab in the classroom is a part of essential religious practice of Islam in the light of constitutional guarantees, needs a deeper examination. Several decisions of Apex Court and other High Courts are being pressed into service.

Ours being a civilized society, no person in the name of religion, culture or the like can be permitted to do any act that disturbs public peace & tranquility. Endless agitations and closure of educational institutions indefinitely are not happy things to happen. The hearing of these matters on urgency basis is continuing. Elongation of academic terms would be detrimental to the educational career of students especially when the timelines for admission to higher studies/courses are mandatory. The interest of students would be better served by their returning to the classes than by the continuation of agitations and consequent closure of institutions. The academic year is coming to an end shortly. We hope and trust that all stakeholders and the public at large shall maintain peace & tranquility.

• Court directions: We request the State Government and all other stakeholders to reopen the educational institutions and allow the students to return to the classes at the earliest. Pending consideration of all these petitions, we restrain all the students regardless of their religion or faith from wearing saffron shawls (Bhagwa), – hijab, religious flags or the like within the classroom, until further orders. We make it clear that this order is confined to such of the institutions wherein the College Development Committees have prescribed the student dress code/uniform.
• Interim order of bench of Karnataka High Court: The interim order was given by a three-judge bench of Chief Justice Ritu Raj Awasthi, Justice Krishna S. Dixit, and Justice Khaji Jaibunnesa Mohiyuddin. “We want to make an interim order on the matter of hijab row. We will hear the matter every day,” the Chief Justice stated.