Supreme Court to set up 3-judge bench to hear Karnataka Hijab ban row
A bench comprising Chief Justice DY Chandarchud, Justices V Ramasubramanian and JB Pardiwala took note of senior advocate Meenakshi Arora's submissions that an interim order was required in light of the practical examinations scheduled for some classes beginning February 6 in the state.
FollowThe Supreme Court said it would consider forming a three-judge bench to hear the case involving wearing the Islamic head covering in Karnataka schools, following the split verdict, on Monday, January 23, 2023.
A bench comprising Chief Justice DY Chandarchud, Justices V Ramasubramanian and JB Pardiwala took note of senior advocate Meenakshi Arora's submissions that an interim order was required in light of the practical examinations scheduled for some classes beginning February 6 in Karnataka.
"This is the headscarf matter. The girls have practical exams on February 6, 2023, and this matter must be listed for interim directions so they can appear. The practical exams will be held in public schools," the senior lawyer said while speaking on behalf of some students.
"I'll look into it. This is a three-judge bench matter. We will set a date," said CJI.
On October 13, last year, a two-judge bench of the Supreme Court issued opposing verdicts in the hijab controversy and urged the Chief Justice to form an appropriate bench to hear the case, which stemmed from a ban on wearing Islamic head coverings in Karnataka schools.
While Justice Hemant Gupta, who has retired, dismissed the appeals challenging the Karnataka High Court's March 15 decision, which refused to lift the ban, Justice Sudhanshu Dhulia ruled that there would be no restrictions on the wearing of hijab anywhere in the state's schools and colleges.
Allowing a community to wear religious symbols to school would be an 'antithesis to secularism,' said Justice Gupta, while Justice Dhulia insisted that wearing the Muslim headscarf should be merely a 'matter of choice.'
With the apex court's split decision, the high court's decision still holds the field. The split verdict, however, stopped a permanent resolution of the hijab dispute, as both judges proposed referring the case to a larger bench for adjudication.
On March 15, the high court dismissed petitions filed by a group of Muslim students at the Government Pre-University Girls College in Udupi, Karnataka, seeking permission to wear the hijab in class, ruling that it is not an essential religious practice in the Islam faith. Several appeals were filed against the verdict in the Supreme Court.
(With inputs from PTI)
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