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

On the last date of hearing the court restrained Students regardless of their religion or faith from wearing saffron shawls (Bhagwa),scarfs, #Hijab, religious flags or the like within the classrooms for colleges which have imposed a dress code. #HijabBan
lawbeat.in/top-stories/br…

Bench assembles.
Court: We make a request to media. Our request to media is to be more responsible. Our effort is to bring peace and tranquility to State. Our request is the media may see its responsibility #HijabBan #KarnatakaHijabRow

Subhash Jha: My request is that no colour of religion be given. We have filed an intervention. #HijabBan #KarnatakaHijabRow

Kamat: I am on my legs. Let me make my submissions then intervention can be taken up

#HijabBan #KarnatakaHijabRow
Court asks all urgent applications to be filed in the court in this regard and make no mentioning in the court.

Kamat continues his arguments on the GO of 5th February 2022

Kamat reads from the GO, resumes his argument on how the GO, he says its against Article 25.

Kamat reads from the GO #KarnatakaHijabRow #HijabBan

Kamat: three decisions are cited, I will come to it specifically. I will however continue reading the GO #HijabBan #KarnatakaHijabRow .

Kamat: Two things which the GO says is
1) Wearing of headscarf is not protected by Article 25
2) We leave it to the CDC to decide whether these uniforms should be uniform or some exemptions can be made. #HijabBan #KarnatakaHijabRow

Kamat: This declaration in the penultimate page of the GO is totally erroneous and I will demonstrate Dan make that good. As far as this delegation to college development committee, that itself is totally illegal #HijabBan #KarnatakaHijabRow

Kamat: The only restriction under Article 25 is public order. #HijabBan

Kamat: A college development committee consisting of some MLAs and subordinates will today decide whether #Hijab can be worn or not. #HijabBan #KarnatakaHijabRow

Kamat reads from Article 25 (freedom to practice, propagate religion)
Kamat: We are not concerned with morality.

Court: Is the right under Article 25 absolute or relative?

#HijabBan #KarnatakaHijabRow

Kamat: Article 25 are not generally subject to reasonable restrictions, it is subject to factors like public order. Public order here is different from law and order. Public order is a higher form. If a practice disturbs public order they have several facets #HijabBan

Kamat speaks of Hecklers Veto, a concept he says is accepted by Supreme Court.

Court: Please come to the point. We are only trying to under as to whether the State has restricted Article 25 through the GO #HijabBan #KarnatakaHijabRow

Kamat: Yes milords, they have. I will come to it. The State in this GO says #Hijab is not an essential religious practice and then delegates it to CDC.

Court: They are not prohibiting, they are merely putting their suggestion and then delegating.

#HijabBan #KarnatakaHijabRow

Court asks Kamat to taken them through Article 25 again #HijabBan #KarnatakaHijabRow

Court: It provides 2 things, nothing in this will prevent the State to prevent the operating any existing law. The expression law in Part 3 is generic.

Kamat: We have enough of judicial authority which I want to place for milords considerations. I want to read judgements of Kerala and Madras.

#HijabBan #KarnatakaHijabRow

Kamat reads the judgment of Kerala HC in Medical entrance test where Head Scarf was not permitted

Naganand Sr.Adv: Can the judgments be shared with us as well.

Kamat: I will do so sir.

#HijabBan #KarnatakaHijabRow

Kamat continues to read the judgment, refers to relevant verses of the Holy Quran in relation to head scarf from the judgment. #HijabBan #KarnatakaHijabRow

Kamat: Milords, the court cites Chapter 24.31 of the Holy Quran referred in the judgment #HijabBan #KarnatakaHijabRow . A specific injunction in verse 31 which is based on modesty protection is laid down. It says veil has to be there.

Kamat: I am citing all these verse, people should not verses. People should not report all this is in the media. There is a controversy that I am a Hindu and I am reading verses. #HijabBan #KarnatakaHijabRow

Kamat: What the court is saying is very weighty, if there is a practice which the believer thinks is a part of his faith. That Practice is by itself is innocuous, it does not infringe anybody else's freedom. #HijabBan #KarnatakaHijabRow

Court: Since when have these students been wearing head scarfs?

Kamat: Since admission milord, I am grateful for this. This is not the case where the students are insisting that they will wear a different uniform. They just want to wear Hijab #HijabBan #KarnatakaHijabRow

Kamat continues with the judgment of Kerala High Court. He reads the judgment of the Division Bench #HijabBan #KarnatakaHijabRow

Kamat: @cbseindia29 challenged this and they bring a notification that students wearing head scarfs should come one hour early. They did not object

Kamat: The Kendriya Vidyalaya even today they permit to wear a Hijab in line with their uniform milord. Even at the national level this has been a tradition. Governments have permitted them #HijabBan #KarnatakaHijabRow

Kamat: I have filed a memo in this regard, to bring this on record. Even for Sikhs, there is a head gear allowance. This is in line with Article 25 #KarnatakaHijabRow #HijabBan

Kamat now reads the judgment of Madras High Court by Justice AP Shah and Justice Chandru. Ajmal Khan Vs Election Commission of India
#HijabBan #KarnatakaHijabRow

Kamat: Head scarf is obligatory but Purda is not essential as per a Malaysian Court judgment.

Court: Is Malaysia a Secular country or Thesitic country?

Kamat: It is not a secular country milord. We are far ahead in secularism #HijabBan #KarnatakaHijabRow

Kamat refers to a judgment of Kerala High Court on whether a Muslim Girl can enforce her right to wear #Hijab in a Christian Minority Institution.

Kamat: The court says it does not apply to minority institution.

Court: The issue is not the minority institution, its of the private education institution.

Kamat: The court notes that its a minority institution. In a private institution, the rights are the same as other institutions.

#HijabBan #KarnatakaHijabRow

Kamat: Private minority institutions can't be foisted with students it does not want to admit. They also have the liberty to prescribe you uniform under Article 30 #HijabBan
Court: The HC judgment you refer to quotes the judgment of an islamic country. Do you have any other jud?

Court: Judgment of the court of an Islamic country in this regard.

Kamat: As far as my research goes milord, I could not see any.

#HijabBan #KarnatakaHijabRow

Kamat reads from the Bombay High Court Judgment referred to in the GO and argues to distinguish it.

Kamat: A girl student wearing a head scarf in an all girls school is not prescribed. I will now read the third judgment which has nothing to do with Article 25 #HijabBan #HijaRow

Kamat reads from the Bombay High Court Judgment referred to in the GO and argues to distinguish it.

Kamat: A girl student wearing a head scarf in an all girls school is not prescribed. I will now read the third judgment which has nothing to do with Article 25 #HijabBan #HijaRow

Kamat: The GO says that these 3 decisions say Head Scarf is not an essential religious practice. This is a fatal error milords. #Hijabrow #KarnatakaHijabRow

Kamat: I will not read the Supreme Court judgement in Shirur Mutt Case

Kamat: The next judgment I want to cite milords is Ratilal Gandhi. This was in the case of a Jain trust. Certain sections were struck down as they were contrary to Jain religion. #Hijabrow #KarnatakaHijabRow

Kamat: The State is an outside authority, it cannot give an authoritative pronouncement of whether wearing a #Hijab is an essential religious practice or not. #HijabBan #Hijabrow

Kamat reads Beejoy Emanual (Jehovah's Witness case)
#Hijabrow #KarnatakaHijabRow
Kamat: If we substitute of the facts of this case and the facts in this case. It fits, it is totally covered.

Kamat: This is a case where the students have been wearing the head scarf for years together. Nobody turned up with a Shawl all of a sudden and said they will wear it to school everyday. #Hijabrow #KarnatakaHijabRow

Kamat: The College Development Council does not have any authority here milords. #Hijabrow #KarnatakaHijabRow The question which fell from Justice Dixit as to what is law is in my compilation milord.

Kamat: Where is the law providing for social welfare and reform to prohibit the head scarf? The CDC has no statutory basis #Hijabrow #KarnatakaHijabRow

Court: Now you have read the judgment, what is ration emerging from it, in the light of Para 19. Our question is essential religious practice should be the focal point of 25. It begins with the word subject to. #Hijabrow #KarnatakaHijabRow

Kamat: Under Article 25(2) state has been given the power to restrict economic, financial, political activity. Other than core religious activities, others can be regulated. Core practice comes from 25 (1) even its not absolute. #Hijabrow #KarnatakaHijabRow

Kamat: If the core religious practice offends public order, morality or health it can be regulated by State. #Hijabrow #KarnatakaHijabRow
Court: The economic, social and secular can also be religious in nature.

Court: In this context read the judgment. It does not distinguish between Article 25(1) or Article 25(2) #Hijabrow #KarnatakaHijabRow .

Court: We have other questions that the State has to answer but we want clarity from you on Article 25 #Hijabrow #KarnatakaHijabRow

Kamat: What I was placing before the court is how the court has to handle a breach of Article 25 issue.

Kamat reads the judgment of Bombay High Court in a Zoroastrian religious practice case. #Hijabrow #KarnatakaHijabRow

Kamat: I would like to read the judgment of #SupremeCourt in the Triple Talaq case. #Hijabrow #KarnatakaHijabRow

Kamat: In this case, they said triple talaq is not there in Quran and does not have its sanction and hence it was struck down.

Court: Whether everything state in Quran is essential religious practice ? #Hijabrow #KarnatakaHijabRow

Court: Whether everything in Quran is inviolable injunction.

Kamat: I would like to comment on the larger issue. That really does not arise for consideration of the court. What does not merit consideration the court will not get into it milord #Hijabrow #KarnatakaHijabRow

Kamat: I respectfully ask your lordships not to enter into the larger canvass as it does not arise for consideration. We are only concerned about its sanction for #Hijabrow #KarnatakaHijabRow

Kamat reads from the judgment of #SupremeCourt in Triple Talaq. #Hijabrow #KarnatakaHijabRow

"What is bad in Quran cannot be good in Shariat." Kamat reads from the Triple Talaq case #Hijabrow #KarnatakaHijabRow

Kamat: Since the Quran itself says #Hijab is essential religious practice, we need not got to any authority. Essential religious practice comes in when a practice of religion violates somebody else's rights #Hijabrow #KarnatakaHijabRow People only want to wear head scarf

Kamat: Now coming to the GO on the second part. The GO refers to a GO of 31st January 2014. This whole delegation to CDC to decide on this is a total abdication of State responsibility. The person who has drafted this GO has not looked at Art 25 #Hijabrow #KarnatakaHijabRow

Court: Your English translation of the GO of 5th February is incorrect. #HijabBan #KarnatakaHijabRow

Kamat: The impugned GO says, this CDC, which I will call the MLA committee will decide whether head scarf will be worn or not. #HijabBan #KarnatakaHijabRow

Kamat: Public order is an essential constitutional function. It cannot be left to this MLA committee.

Court: Do you believe MLAs know the constitution?

Kamat: yes

Court: Then they will do their job. #HijabBan #KarnatakaHijabRow

Kamat: The State permitting a committee to take a call on such an important facet of fundamental freedom is impermissible.

Court: Do you want to dispute the legislators? Do not assume so many things. #HijabBan #KarnatakaHijabRow

Kamat: Public order is a State responsibility it cannot be delegated.

Court: Where are you getting all these duties of the committee from? This GO says the CDC can prescribe only uniforms #HijabBan #KarnatakaHijabRow

Kamat: The #SupremeCourt has said that the State should make a conducive atmosphere for exercise of the fundamental rights. #HijabBan #KarnatakaHijabRow

Court: Can you give one judgement of any court which says the popular leader cannot be a part of any committee like this ?
#HijabBan #KarnatakaHijabRow

Kamat: All I am saying is that public order is a police function. It cannot be decided by committee milords. #HijabBan #KarnatakaHijabRow

Kamat: When a question comes that any freedom is violated, can the State take up this plea saying it will create public order issue and therefore I am restricting.

Court: They have not said so. #HijabBan #KarnatakaHijabRow

Court: question is how that is relevant to this case.

Kamat: What is it the stops the State from permitting me from exercising the freedom, they say public order.

Court: You are presuming it . #HijabBan #KarnatakaHijabRow

Kamat: If they say there is no public order issue, then I am safe.

Court: You cannot presume what they are going to say . #HijabBan #KarnatakaHijabRow

Kamat: When there are rights which are crystallised, the State cannot say wearing this will incite passion , violence etc.

Court: Is it their stand? First let their stand be clear. #HijabBan #KarnatakaHijabRow

Court: We can understand if you argue on law. Now you are presuming state's arguments.

Kamat: State is obligated to create an environment for exercise of fundamental rights. They are not doing so. They say Public Order in the GO milords. #HijabBan #KarnatakaHijabRow

AG: It is a translation its not accurate. I have got an official translation. I will pass it on to the court soon.

Court: We also feel that the translation is not authentic . Does your official translator know Kannada? #HijabBan #KarnatakaHijabRow

Court is given the official translation.

AG: Kindly see the Kannada version.
Court: The words used does not mean public order. #HijabBan #KarnatakaHijabRow

AG reading from the GO dated 5th February. #HijabBan #KarnatakaHijabRow

AG: It is not public order. The translation is incorrect.

Court: An order like this cannot be interpreted like a statute. There are good books on how translation should be read. You need to interpret with common sense. They do not have static meaning. #HijabBan #KarnatakaHijabRow

Kamat: One of the consideration is definitely public order in the GO. If they say its not public order, it cannot stand judicial scrutiny.

#HijabBan #KarnatakaHijabRow

Kamat: I am asking this court for a positive mandamus milords. #HijabBan #KarnatakaHijabRow

Court: Who else wants to argue for petitioners.

Kaleeshwaram Raj: In the first innings, I was permitted to submit. I will submitting in support of the petitioner before the respondents argue. #HijabBan #KarnatakaHijabRow

Yusuf Muchhala, Sr.Adv mentions that he wants to make submissions as well. #HijabBan #KarnatakaHijabRow

Counsel in court submitting on their application for impleadment and clarification. #HijabBan #KarnatakaHijabRow

Counsel in the court wants the matter to hear after the elections in other states and restrict on media. #HijabBan #KarnatakaHijabRow

Court: If you want we can put off this live streaming. That is no problem, so far as restricting the media, we can't consider now

Court:
Heard the arguments of Mr.Devadatt Kamat, Sr.Adv. It is informed at the bar that Mr.Parameshwar, Mr.Yusuf Machala and Mr.Ravivarma Kumar, Ms.Thulasi are to make submissions. List on 15th February

Counsel in court says minor petitioners are being harassed on social media and their name might not be used.

Court: Nothing is before us, so what we can do?

#HijabBan #karnatakahijab