Thread by @LawBeatInd

A #KarnatakaHighCourt bench of Chief Justice Ritu Raj Awasthi, Justice Krishna Dixit & Justice JM Khazi will at 2.30 PM hear plea(s) by girl students challenging the alleged ban of wearing #Hijab in government pre-university colleges in Udupi district. #KarnatakaHijabRow

Justice Krishna Dixit placed the matter before the Chief Justice yesterday. He remarked “I have only one short question whether Hijab is an essential religious practice or not. Question maybe one, maybe very small but it warrants a lot of consideration.” lawbeat.in/top-stories/br…

The Court staff of #KarnatakaHighCourt now permitting only selective participants in VC court as many counsels who were to make submissions have not been able to enter the proceedings for the last two hearings. #HijabBan

Kamat and Hegde appear for petitioners. #HijabBan #KarnatakaHighCourt
Kamat: This was heard by Ld.Singhe judge day before yesterday, I have preferred a written note

Hegde: May I begin? It was save the time of the court. The referral here is on #Hijab being an essential religious practice. There are also statutory questions and questions on rule here. #HijabBan #KarnatakaHijabRow

Court: Give facts and then come to the legal position ! #HijabBan #KarnatakaHijabRow .

Hegde: I am aware there is no counter filed yet by the private respondents. #HijabBan #KarnatakaHijabRow State has filed a response on law. It appears on my reading it was a small thing within a college that has gone out of control

Hegde reads from the petition #HijabBan "The Principal asked them to remove the headscarf. In August 2020, the students informed the college that their parents consented."

"The students were insulted badly, in one occasion the principal asked one of the students to remove the #Hijab and told them they will face similar fate." #HijabBan #KarnatakaHijabRow

"The chairman of the CDC warned that if they wore #Hijab and the other Hindu students will wear religious symbols that will warn the sanctity of college." #HijabBan #KarnatakaHijabRow

Court: We have understood the problem, what's your submission? #HijabBan #KarnatakaHijabRow

Hegde: In the Education act of 1983, there is no specific provision for uniform.

Court: Do you mean to say there shall not be any uniform in schools? #Hijab

Court requests the media not to report their observations unless there is a recorded order or they understand the entire thing without realising the repercussion #HijabBan #KarnatakaHijabRow

The counsels say they are all grateful for this #HijabBan

Hegde: When I was in college, we did not have any uniforms. It was a school phenomenon used to identify school children to identify them. #HijabBan Uniforms for college came in much later. It all started in TN in a set in pvt institutions #KarnatakaHijabRow

Hegde: There are 2 sets of rules, the 1995 rules is one of them. The State relies on rule 11 of the 1995 rules. #HijabBan #KarnatakaHijabRow

Hegde: These rules in my respectful submissions, which contemplate uniforms basically were for schools.
Hegde reads from the rules #HijabBan #KarnatakaHijabRow

PU rules are from 2006 and in these rules there are no provisions for uniform

Hegde: #Karnataka and College authorities rely on resolution which has a prescription of a uniform . #HijabBan The original is in Kannada and there is a translation which we have attempted. The prescription is at clause 4 #KarnatakaHijabRow

Hegde: As I have informed the court, there is no provision and there is no penalty for wearing the uniform improperly. Even if there is a penalty, the court could check if it is proportionate as it keeps children from education #HijabBan #KarnatakaHijabRow

Hegde: The 1983 prescribes penalties only for college management. These are for ragging , copying and other malpractices but because there was no provision for uniform there is no question of penalty for infraction #HijabBan #KarnatakaHijabRow

Hegde: To make things simpler, I have separated the administrative law and constitutional law questions.

Kamat: In Mr.Hegde's petition there is a subsequent GO which is not been impugned. The court will have to hear the GO issue first #HijabBan #KarnatakaHighCourt

Court: It is for you people to decide who will argue first. However since Mr.Hegde has started, let him continue. We will hear each one of you. #HijabBan #KarnatakaHijabRow

Povayya: I am for the non-State parties, can Mr.Hegde circulate the written submission

Hegde: I am aware of the pressures of the court to constitute this three judge bench , I will not waste the court's time.

Kamat: Can the court hear us on interim arrangement. There is urgency #HijabBan #KarnatakaHijabRow

AG: Pursuant to these petitions being filed before the court a large amount of commotion. So the State had to close down the institutions till Friday #HijabBan . A conducive arrangement has to be made. #KarnatakaHijabRow

AG: The State has left it to the CDC, some colleges have started prescribing some uniforms. We can't start college where one set of students come wearing #Hijab other set come wearing saffron shawls #KarnatakaHijabRow

AG: As a State we are concerned with the plight of the students. We want our students back to the education institutions. Let the institutions decide the dress code as per the GO #HijabBan #KarnatakaHijabRow

Court: Our endeavour should be that the education of the students should start and without any difficulty. There should be an arranged. They have been kept away owing to pandemic, now this. This is not a good situation #HijabBan #KarnatakaHijabRow

Kamat: The students will wear their uniform. They will also wear a head scarf. Let this situation continue. In the meanwhile it is their customary practice. #Hijab does not harm anybody. Let the continue wearing uniform and head scarf in same colour #KarnatakaHijabRow

Kamat: The State is playing by the fire by leaving it to the colleges to decide. The GO says that head scarf is not a part of religious practice. Are we hostage to the school committee? #HijabBan #KarnatakaHijabRow

AG objects to this.
Kamat: This is the court of law. I hope I have the freedom of speech here?
#HijabBan #KarnatakaHijabRow

Kamat reads from the GO of 5th February.

AG: The order is important.

Kamat: We are making submissions, we are not in the streets

Kamat: What precedes this order is the declaration of law that #Hijab is not a part of the religious practice. It is not competent to make such decisions #KarnatakaHijabRow

Court: We will consider this. One more question, is wearing #Hijab is religious practice

Hegde: I do not like my arguments to be anticipated on my side. If we go into the question of essential religious practice, it will take time. However, there are girl students who have a difficult problem #HijabBan #KarnatakaHijabRow

Hegde: The question now is should they in the interim stifle their problem and go to school. It is very easy for the AG to say that students should go back to school. #HijabBan #KarnatakaHijabRow

Hegde: The fire needs to be doused before it becomes big here. The wisdom lies in trying to find a middle path here. #HijabBan #KarnatakaHijabRow

Hegde: Irrespective of faith these are all our children, all our girl children. It is the question of their education here. #HijabBan #KarnatakaHijabRow

Hegde reads from the uniform specifications of the college.
Hegde: These students, my girl children will wear this with the #Hijab . This issue can be resolved at the college administration. How they wear a part of a uniform is upto them #KarnatakaHijabRow

Hegde: I heard the AG say that there are 2 verses of Quran and there are multiple interpretations. It is like the constitution, there maybe many interpretations but they all come to the aid of the situation #HijabBan #KarnatakaHijabRow

Hegde: The first thing the States needs is the students to go to school. This is a State which contributes maximum to the IT and has many unicorns. So we should sort this out here. #HijabBan #KarnatakaHijabRow

Hegde: The CDC may not have a big picture. Today if the AG of Karnataka is asked to do something which is in a manner consistent with dignity. In my hometown we had Kanakadasa who was exempted from Udupi temple #HijabBan #KarnatakaHijabRow

Hegde: The father of constitution was made to sit slightly apart from others. So many years after the independence this cannot happen. #HijabBan #KarnatakaHijabRow

Hegde reads from Bijoy Emanueel.
Hegde: If the AG could be asked if there is some way to sort things out. If the court could ask the State as to why they taken unnecessary pride as to this and this alone is the path. #HijabBan #KarnatakaHijabRow

Kamat: This suggestion had also come from the single judge. He said nothing is possible. Even if at this stage the AG says something is possible, well and good. However even now if it is not possible, I will argue. The GO is a sham. #HijabBan #KarnatakaHijabRow

Kaleshwaram Raj: This is more a question of attitude milord. if there is a correct attitude, the State is actually winning.
Court: are you representing anyone ?
Raj: I am an intervenor. This is a constitution which says even the Kirpal is permitted #HijabBan #KarnatakaHijabRow

AG: As a student of Oxford, this application now they have filed, they have no locus. I do not know how they are involved. #HijabBan #KarnatakaHijabRow

Kamat: There seems to be no consensus, so can we argue on prima facie. Just give me 15 to 20 minutes

Hegde: I yielded to the AG who has the right of audience. I have not completed yet. Can I continue arguing?

#HijabBan #KarnatakaHijabRow

Hegde reads from the petition

Court: We have understood Mr.Hegde. So far as the right to privacy and otherwise, do you want to elaborate.

Hegde: My request today, if your lordships can dispose it off on a scholar question without going in the religious question. #HijabBan #KarnatakaHijabRow

Court: The stage is not now because already the Ld.Single judge has said that these issues need to be considered by the larger bench. We cannot say that we can dispose the matter without adverting to constitutional issue. #HijabBan #KarnatakaHijabRow

Hegde reads from his written submission as to how #Hijab can be construed as a right under Article 19(1)(A) of the constitution. #KarnatakaHijabRow #HijabBan

Hegde now reading his submissions as to how how #Hijab is a part of rights guaranteed under Article 25 (Freedom to profess and practice religion) and how this is an essential religious practice #HijabBan

Hegde reads Biju Emanuel (A case pertaining to Jehovah's Witnesses not singing the national anthem, since it is against their faith) #HijabBan #karnatakahijab

Hegde: Here also constitution rights and beliefs which protects all citizens who are in power, out of power, elected or unelected. #HijabBan #KarnatakaHijabIssue

Hegde: Assuming that the essential religious practice test applies, wearing a #Hijab will directly fall in it. #HijabBan #HijabRow

Hegde: The court in those cases mentioned in the GO were dealing a temporary prohibition. Given the modern technology etc #Hijab might be misused as well. So they said come before time for checking #HijabBan #HijabRow

Hegde: In the facts of this case, it is a government institution that is involved. It belongs to everyone. Can you by a rule ask a set of citizens that you may have to forsake an essential religious practice, where does it satisfy the Puttuswamy test #HijabBan #HijabRow

Hegde: Here there is a prima-facie case and there is a balance of convenience in my favour. These children need to go to college. I would urge the court to fight the right balance. #HijabBan #HijabRow

Hegde: There are specific provisions that permit exemptions like in the Motor Vehicles act Sikhs have a right. In SC rules , there are specific provisions for Parda wearing women #HijabBan #HijabRow

Kamat: I will be very brief milords and I will concise my arguments only for the purposes of interim relief. #HijabBan #HijabRow

Kamat: The only fact I want to mention is that these students have been wearing #Hijab for the last two years, till 3rd Feb they were stopped #HijabBan #HijabRow

Kamat: I want to satisfy the court that this GO suffers from a total non application of mind. #HijabBan #HijabRow

Kamat: The entire basis of this GO is that HCs have held that #Hijab is not a part of Article 25, I will demonstrate how these are not true. I will show how these are against the State #HijabBan #HijabRow

Court: Come to the operative portion of the GO. The institutions and the persons on whom this is binding need to go by the operating portions. #HijabBan #HijabRow

Kamat: Foundation is that prohibition of #Hijab is not violation of Article 25.

Kamat: These judgments are totally inapplicable to the facts of this case. #HijabBan #HijabRow

He reads from the judgment of Kerala HC in Fatima Hussain

Kamat: Since we are in virtual courts, there is a handicap milords.

Court: We are not in complete VC. We are in hybrid mode. You are appearing virtually, we have a room full of lawyers here. #HijabBan #HijabRow

Court: They have considered this judgement while issuing the GO. They had to balance the rights of religion and rights of the college. You said there is a non-application of mind because of this judgment, so what is wrong now? #HijabBan #HijabRow

Kamat: This judgment is for the private educational institutions.

Court: Private government institution is also under the constitution. They have some extra rights under Article 30. #HijabBan #HijabRow

Kamat: Let me demonstrate how it is for the government institution.

Court: This is in case of CBSE.

Kamat: The previous judgment had no discussion of whether it was an essential religious practice or not #HijabBan #HijabRow

Kamat reads from Kerala HC judgment which holds that #Hijab is essential religious practice #HijabBan #HijabRow

Kamat: the second judgment this GO relies upon is the decision of Bombay High Court. #HijabBan #HijabRow Kamat reads the conclusion to mean that "A girl student not wearing a head scarf in girls section cannot be said to be inconsistent with Quran."

Kamat: The third judgment in the GO pertains to whether the teachers could wear a uniform or not. Not one word pertain to #Hijab #HijabRow #HijabBan

Kamat: I want to read the relevant verse of Holy Quran to establish that this is an essential religious practice #HijabRow #HijabBan Reads from Verse 24

Kamat: #Hijab is specifically mentioned in verse 24.31. I will also read one judgment of Madras High Court milords. Reads from the DB judgment of Ajmal Khan Vs ECI #HijabBan #HijabRow

Kamat: Purdah is not essential however wearing #Hijab was held as essential in the Madras HC Judgment. Essential religious practice has to be seen from the perspective of the believer #HijabRow #HijabBan

Kamat reads from Bijoy Emanual #HijabRow #HijabBan

Kamat: I am not saying the court to rely on certain verse of Quran, these verses have been judicially tested.

Court: We will pass an order for the institutions to start. Till the matter is pending is before this court, they shall not wear any religious garments #HijabRow

Court: State should be at peace once. Till the disposal of matters, you people should not insist on wearing anything religious. #HijabRow #HijabBan

Kamat: What the court is saying it would amount to suspension of Article 25. #HijabRow #HijabBan . We are asked to choose between education.

Court: We are in the midst of the argument. We will hear you. It is a matter of few days only Mr.Kamat

Hegde: For a few days, I cant suspend my faith #HijabRow #HijabBan

Court: We will pass the order. We are not taking suggestions. We will hear everyone on the next date

Counsel making submissions in the court hall #HijabRow

Matter to be heard on Monday at 2.30 PM