The Supreme Court on Monday sought response from the Karnataka government over a batch of pleas challenging the Karnataka High Court verdict refusing to lift the hijab ban in educational institutions.
A bench of Justices Hemant Gupta and Sudhanshu Dhulia was hearing 23 pleas against the High Court’s conclusion in March that hijab was not an essential practice in Islam.
One of the pleas alleges “step-motherly behaviour of government authorities which has prevented students from practising their faith and resulted in an unwanted law and order situation.”
The plea has also alleged that the Karnataka High Court in its impugned order “had vehemently failed to apply its mind and was unable to understand the gravity of the situation as well as the core aspect of the Essential Religious Practices enshrined under Article 25 of the Constitution of India”.
A bench also pulled up some of the petitioners, who sought adjournment in the matter, and said it would not permit “forum shopping”.
“This is not acceptable. You asked for early hearing time and again… Now it is listed, you ask for (more time). We will not permit forum shopping. That’s all,” the bench said when the petitioner had sought more time.
The petitioner’s counsel said the matter had been suddenly listed for hearing on Sunday and that other counsel have to travel to Delhi from places like Karnataka.
The apex court turned down the request for more time and posted the matter for hearing on September 5.
Several petitions have been filed in the Supreme court against the Karnataka High Court verdict that wearing of hijab is not a part of the essential religious practice which can be protected under Article 25 of the Constitution.
On March 15, the high court had dismissed the petitions filed by Muslim students from the Government Pre-University Girls College in Udupi, seeking permission to wear hijab inside classroom.
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Rabia Shireen is a Staff Reporter at The Cognate.
