Karnataka Hijab row: SC refuses urgent hearing on pleas against Karnataka HC’s interim order

New Delhi: The Supreme Court on Friday refused to hear urgently pleas relating to hijab row in Karnataka and said it is “watching” what’s happening in the state and in hearing before the High Court.

A Bench of Chief Justice of India NV Ramana and Justices AS Bopanna and Hima Kohli said that they will see the issue at the “appropriate time” as the Karnataka High Court is seized of the matter and also suggested lawyers to not make it a national-level issue.

“I don’t want to express anything. Don’t take it on a larger level. We also know what is happening in the state and hearing in the High Court. You also have to think over whether it’s proper to bring it to Delhi. Definitely, we will examine and we will have to protect Constitutional rights. Let us see appropriate time, we will hear,” CJI observed.

The observation of the bench came after senior advocate Devdatt Kamat, appearing for the petitioner who filed Special Leave Petition in the apex court order against the High Court’s interim order, mentioned the matter for urgent hearing saying the order would have far-reaching implications not only for Muslims but for persons of other faiths as well.

“For example the Sikhs, they were turbans. This means a complete suspension of Article 25 rights. We are only saying same color uniform hijabs,” Kamat contended.

To this, the bench said, “We don’t know the order.”

Appearing for the Karnataka government, Solicitor General Tushar Mehta pointed out that the High Court order has not been uploaded yet on the website.

Petitioner Dr J Halli Federation of Masajids Madaaris and Wakf Institutions has approached the apex court today against the Karnataka High Court’s February 10 interim order to restrain students from wearing hijab or any religious attire till the matter is pending with the court.

In its plea, the petitioner contended that High Court on Thursday has sought to curtail the fundamental right of Muslim student-women by not allowing them to wear the hijab and pursue their education.

In view of the impugned order, Muslim women students have been asked to not wear the ‘religious garments including a head-scarf and not insist on wearing religious attire, stated the appeal while seeking stay on the High court order.

It said, furthermore, the concerned students have their practical exams slated from February 15, and any interference on their access to the educational institutions shall impede their education.

“It is hereby submitted that the right to wear a Hijab falls within the ambit of the right of expression guaranteed by Article 19 (1) (a), the right to privacy and also the Freedom of Conscience under Article 25 of the Constitution. The same cannot be infringed upon without a valid “law”,” added the plea challenging the High Court order.

“Government has issued an order thereby denying the entry to the Muslim women wearing Hijab in the educational institutions. The impugned order creates an unreasonable classification between the non-Muslim female students and the Muslim female students and thereby is in straight violation of the concept of Secularism which forms the basic structure of the Indian Constitution. The impugned order is also in sheer violation of Articles 14, 15, 19, 21 and 25 of the Indian Constitution and also violates the core principles of the International Conventions that India is a signatory to. Being aggrieved by the impugned Government Order, as it is in violation of Indian constitution, the Petitioner had approached the High Court challenging the validity of the same,” the appeal in the apex court stated.

The three-judge full bench of Chief Justice Ritu Raj Awasthi, Justice JM Khazi and Justice Krishna S Dixit on Thursday while asking students not to wear hijab or any religious attire till the matter is pending with court.

The bench said it wants the matter to be resolved at the earliest but till that time peace and tranquillity is to be maintained.

The Chief Justice had orally remarked that the bench would pass an interim order restraining the petitioners in the students from wearing hijab or any religious attire till the matter is pending in the court.

Yesterday, a fresh plea was filed before the apex court challenging the Karanataka government rule on dress code in the state that created a raging controversy over wearing hijab.

The plea was filed by Fathima Bushra, a Udupi college student, questioning the legality of Karnataka Government Order, issued on February 5, 2022, prescribing guidelines for a dress code for both government and private schools, and pre-university colleges in the state in the light of the hijab controversy.