After a hearing period of more than 10 days, the Supreme Court on Thursday reserved its judgment on a batch of petitions challenging the Karnataka High Court’s judgment which upheld the hijab ban for Muslim students in educational institutions.
A Top Court bench comprising Justices Hemant Gupta and Sudhanshu Dhulia heard the arguments of Solicitor General Tushar Mehta, Karnataka Advocate General Prabhuling Navadgi and Additional Solicitor General KM Nataraj for the State. Senior Advocates R Venkataramani, Dama Seshadri Naidu and V Mohana appeared for college lectures. The Petitioners’ side had concluded its arguments on Tuesday.
The court on Wednesday said it was “losing patience” and asked the counsels to conclude the arguments.
On Thursday, the petitioners made rejoinder submissions in the hijab case. Senior advocates Dushyant Dave and Huzefa Ahmadi appearing for the petitioners submitted that the arguments of SG Mehta regarding the involvement of the Popular Front of India in a “campaign” to wear hijab are wholly irrelevant and are made to cause prejudice, the Livelaw reported. They argued that no material has been shown on record to show that the organisation was involved.
Unlike triple talaq and cow sacrifice, the advocates argued that Hijab is mentioned in Quran and it is the farz of Muslim women to retain the same. During the hearing, it was also contended that in absence of State showing that hijab affects the fundamental rights of others, any restriction on wearing the same affects the freedom of conscience and “behavioural privacy” of Muslim women. Education prospects are also hampered due to the hijab ban was argued.
In March this year, the Karnataka high court dismissed petitions filed by a section of female Muslim students seeking permission to wear hijab inside the classroom, saying it is not a part of the essential religious practice of the Islamic faith.
