Karnataka hijab row: High Court refers plea seeking ban on hijab to larger bench

Karnataka High Court referred petitions challenging the ban on hijab in colleges to a larger bench. 

टीआरपी स्कैम मामले में रिपब्लिक टीवी की सीओओ प्रिया मुखर्जी को कर्नाटक हाईकोर्ट ने 20 दिनों की ट्रांजिट बेल दे दी है. प्रिया मुखर्जी ने गिरफ्तारी से बचने के लिए कर्नाटक हाईकोर्ट में अग्रिम जमानत अर्जी दे रखी थी जिसके चलते उनकी गिरफ्तारी पर रोक लगी हुई थी।

Karnataka High Court's single bench of Justice Krishna Dixit on Wednesday referred petitions challenging the ban on hijab in colleges to a larger bench.

The decision came after Advocate General Prabhuling Navadagi, appearing for the Karnataka government, opposed interim relief to permit students to wear the hijab in colleges. While opposing the relief, he said, "An interim order at this stage will amount to allowing the petition."

Justice Dixit said, "The registry is directed to put (the matter) before the CJI for consideration immediately. As there is urgency pleaded." In the order, Justice Dixit stated that the larger bench would also consider the issue of interim relief.

Justice Dixit also added, given the enormity of the issues being debated, the court is of the considered opinion that the papers be placed in the hands of the CJ to determine whether a larger bench can be formed in the subject matter.

Navadagi in court said the filed petitions are misconceived. They have raised concerns with the government. Each institution now has its own autonomy. The government does not make a decision. Thus, prima facie, a case is not made out.

Children must attend the class with the prescribed dress code by the college. Numerous judgements stated that the hijab does not form an integral part of religious practice. "The test that if they don't practise the religion itself goes," Navadagi added further. 

Advocate Sanjay Hegde, on behalf of the petitioners, argued that we have not prescribed any uniform according to the AG. The next question is whether the government order is interpreted by the CDC as not prescribing, in which case the question is not raised. However, if the College Development Committee (CDC) believes it to be so, the question arises. He added, "There is nothing in Karnataka Education Act, which deals with uniforms. I went up and down. I did not find anything."

Advocate Kamat, appearing for another petitioner, pleaded, "My interim prayer is that to leave aside the challenge to the government order. Please permit me to go to school, wearing my clothes. Don't leave it to the mercy of some principal or the CDC."

Advocate Sajjan Poovaiah, who represented Kundapur College in Udupi in the Karnataka High Court, stated that the uniform prescription in the college has been in place for one year, and no one has complained.

"The College Development Committee has met every year, and all stakeholders were consulted before taking the decision," Poovaiah explained. He opposed the petitioners receiving any interim relief.