Thread by @LawBeatInd

Karnataka Hijab Row - High Court of Karnataka to shortly begin hearing plea(s) by girl students challenging the alleged ban of wearing Hijab in government pre-university colleges in Udupi district. Advocate General for state expected to argue today.
#Karnataka #KarnatakaHijabRow

Justice Krishna Dixit is hearing the case & yesterday he had asked the student community & public at large to maintain peace & tranquility & also mot indulge in agitations. “This never happened when I was in school, I would have remained away,” he said
#KarnatakaHijabRow

Advocate Puthige Ramesh requests the proceedings to be live streamed as the @Zoom meeting had reached its limit yesterday and many people could not enter the court hall. Justice Dixit says he will consider. #Hijab #KarnatakaHijabRow

The hearing will start at 2.30 PM after the court resumes post lunch. #KarnatakaHijabRow #Hijab

[Yesterday's report] Counsel for petitioner had asked Court not to pass orders for banning protests on all groups as there were protests planned and political parties would gain mileage out of it. Court had appealed to students & public to maintain peace.
lawbeat.in/top-stories/br…

Justice Krishna Dixit says “I feel this matter may require the consideration of a larger bench, subject to your consent, I will refer it to a larger bench.” #Hijab #KarnatakaHijabRow

Sanjay Hegde, Sr.Adv, for petitioners: As far as reference to a larger bench is concerned is a separate issue. The children I am representing have a genuine problem. There are 2 months left, I will argue on the administrative aspect only #HijabRow #KarnatakaHijabRow

Hegde: Today we need to find a way where which can harmoniously go.

Povayya: There is not PIL in any manner interdicting this question. The question is squarely before this court. I would urge this court to hear you. For a full disposal there is no need for DB #HijabRow

AG: The observations of the court in regard to larger bench is the prerogative of this court. In so far as we are concerned, the one and only question which will arise is as to whether the right to wear #Hijab is an essential religious practice. #KarnatakaHijabRow

AG: The State and the advocates community is looking towards this court. My limited submission is that since petitioners have made submissions, #Karnataka will argue and the court may decide. #HijabRow #KarnatakaHijabRow

AG: Unfortunately this matter has taken a turn it should not have taken. Therefore it will require an order of this court #HijabRow . The question of law has to be answered one way or the other if it can be confined to this , I will be grateful #KarnatakaHijabRow

Devdatt Kamat, Sr.Adv is unable log in, a representation is made in this regard.

Kaleeswaram Raj: The court will be pleased to see that almost all the major issues arise from Article 25 , there is some exigency involved. There has to be some focus on that #HijabRow

Hegde: This problem arises from my hometown #Udipi and it arises from my college. I will ensure that all the submission are made to resolve this issue. I will address the court in purely administrative law terms, the court may look at this matter #HijabRow #KarnatakaHijabRow

Hegde: Today what is important is if there is a via media and a modus that the State can find and it does not involve any concession of any rights. #HijabRow #KarnatakaHijabRow .

Hegde recites an anecdote which his senior Mr.G.Ramaswamy told him. He says “let us not get into questions that will possibly have a divisive character, all that I say is let the children get back to school.” #HijabRow #KarnatakaHijabRow

Court: I have only one short question whether #Hijab is an essential religious practice or not. The question maybe one, it maybe very small but it warrants a lot of consideration. #KarnatakaHijabRow

Court: In questions like these it is better that a wide view is needed. Dont be under the impression that benches will take a long time to constitute. Our CJ is very quick in this regard. Whatever petitioners have submitted yesterday will not go waste #HijabRow #KarnatakaHijabRow

Kamat: As far as my clients are concerned we have absolute faith in your lordships. But having regard to what has fallen from the court that there should be a wide view, I cannot object to it. #HijabRow #KarnatakaHijabRow

AG: Our anxiety is only that this has resulted in a law & order situation. Our impression is that there was a watershed moment in terms of personal law after Saira Banoo it gives clarity to the issue. #HijabRow #KarnatakaHijabRow

Counsel: We may fight in the court of law but children are not going to the school now. So an interim relief maybe granted

Court: When I was a child, I used to enjoy holidays. #HijabRow #KarnatakaHijabRow

Hegde: Some order for the next 2 months maybe passed in this regard.

Kamat: The issue maybe sent to a larger bench but let the students go back and please consider something in this regard. All theses questions maybe kept open #HijabRow #KarnatakaHijabRow

Raj: On behalf of the intervenor, I may also support this submission as the interim order always is within the court’s judicial discretion. Even if the children are kept outside for half an hour it sends a wrong message #HijabRow #KarnatakaHijabRow

AG: They call into question the order of the State. A plain reading of the GO says that College Development Committee has the discretion to take a decision in this regard. In so far as #Udupi is concerned the CDC has said they should continue wearing uniform #HijabRow

AG: Except for reading 2 verses of Quran they have not established that this is an essential religious practice. They have to establish the test laid down by Saira Banoo. #HijabRow #KarnatakaHijabRow

AG arguing to distinguish the judgments relied on by the petitioner and says “The question of granting of interim order by the State will amount to allowing the writ petition milords, this the State is against.” #HijabRow #KarnatakaHijabRow

Hegde: The AG says, we have not prescribed or proscribed. Ultimately what is relevant for us whether the children goes to the school or not and whether the principal allows us to sit in class. There is nothing in the Karnataka education act that deals with uniform #HijabRow

Kamat: The State’s stand today has made it worst for the State.

AG objects, saying he cannot use such words. #HijabRow #KarnatakaHijabRow

Kamat: State says, it has not prohibited anything and it is left with CDC, it is worst. The students are left at the mercy of the committee. #HijabRow #KarnatakaHijabRow

Court: So much argument has certainly not been heard on the reference.
Povayya: The court is yet to hear the CDC. The uniform has been in place for a long time. Today it has come to a fore , we had passed resolutions with regard to uniform. #HijabRow #KarnatakaHijabRow

Povayya: These petitioners have complied with the uniforms all through! Your lordships may not consider any interim order at this stage. #HijabRow

Hegde: We are only arguing for the students to have Darshan of our teachers #KarnatakaHijabRow

Court: I am now afraid with the use of your words.

AG: We will make a request to the CJ for constitution of the bench soon and list it.

Hegde: It does not benefit anyone if we carry on with this #HijabRow #KarnatakaHijabRow

Hegde: Please do no ask a teenage girl to settle with her conscience for the sake of an education. #HijabRow #KarnatakaHijabRow

AG: CDC’s order is also an appealable order, Rule 11 of the Education rules operate by itself. All that I am trying to establish that there is an exception.

#HijabRow #KarnatakaHijabRow

Counsel: By virtue of this rule, the CDC is empowered to pass an order. Students were stopped at the gate and they have passed a resolution now. They are doing so at the fag end of the academic year. #HijabRow #KarnatakaHijabRow

Court: Don’t make the same submission again

Hegde: The rule does not say that they will keep the students out of class, the rule does not say that they will keep the students out of college. This is not the question of uniform, these students are wearing uniform. #HijabRow #KarnatakaHijabRow

Counsel in court making emotional submissions.

Court: Whom do you appear for ? I will permit you to shout if you have a vakalatnama. See the advocates act and understand that you need to be authorised by the litigants to make submissions #HijabRow #KarnatakaHijabRow

AG: These commotions are not required to be made. They will be reported in the media, it will send the wrong message.

Court: “All these matters, have given rise to certain constitutional questions of seminal importance in the light of some aspects of personal law.#HijabRow

Court: Judgments of 3 HCs and 6 apex courts were cited. This matter was argued yesterday by both the sides for sometime from which the judge has benefitted. Giving regard to the importance of the questions debated, the court is of a view that the #HijabRow

Papers be handed to the CJ to consider if a larger bench can be constituted in the subject matter. Submissions were made by both sides in relation to interim prayers. Even interim prayers merit consideration at hands of larger bench that maybe constituted by CJ.

Therefore arguments advanced on the interim prayers lest such reproduction should prejudice either sides at larger. The registry is directed to place the papers before the CJ immediately regarding urgency pleaded in the case. #HijabRow #KarnatakaHijabRow

It is open to the petitioner to seek after the decision is taken by CJ. #KarnatakaHijabRow #HijabRow