Thread by @LawBeatInd

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

The court had yesterday asked the media to report the proceedings responsibly. #HijabRow #HijabBan
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Hindu Sena has moved an application for intervention in the ongoing proceedings saying freedom of religion is not absolute in a secular democracy
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The court has restricted the entry to virtual proceedings in the #HijabBan case. #KarnatakaHijabRow #HijabRow

Counsel Shadan Farast mentions that he has filed an impleading.

Another Counsel mentions that #Karnataka is misusing the order of the court. He says Muslim girls are being forced to remove the Hijab. Court asks him to file an application.
#HijaBan #KarnatakaHijabRow

AG says what has been filed is a memo and there are no statements says "We can't respond to such vague allegations."

Court: We dont think a lawyer can file an affidavit. Don't become a party to this litigation.
#HijabBan #KarnatakaHijabRow

Kamat: I will be very brief and I will try to sum my balance arguments.

Court: Our request is that one lawyer in one case should argue the matter.
#HijabRow #KarnatakaHijabRow

Kamat argues about the GO, argues that the Kannada word used in the GO used does not mean public order. The question of interpretation.

Kamat: I had to go to the official translation of the constitution in Kannada #HijabRow #KarnatakaHijabRow

Kamat: the Kannada translation for the word means Public. I am surprised that they argued that it is capable of more than one meaning.
Court: Settled legal position is where terms are used in government order, it cannot be read like a statue.

#HijabRow #KarnatakaHijabRow

Kamat: The translation cannot mean anything else. If the government thinks if the words employed can have a different meanings. The word public order is used in the Constitution 9 times all words are similar #HijabRow #KarnatakaHijabRow

Court: If you have seen the judgment of apex court in Sajjan Singh which says "I dont want to play the role of a grammarian."

Kamat reads Article 25 #HijabRow #KarnatakaHijabRow

Kamat: Very categorically, it means public order. The GO uses this term, it cannot mean what is more than the constitution. The bench asked why I was going on Article 25(1), 25(2) speaks of reforms and whether it can apply to ERP.
Kamat refers to Sardar Saeedna Vs Stat #HijabRow

Kamat: It pertained to Bohra community there were penal provision in the community law and a law was brought in to prohibit that. The #SupremeCourt held that it is an essential practice. #HijabRow #KarnatakaHijabRow

Kamat: If it is an essence of the religion it cannot be curtailed subject to public order, morality and health. The majority struck down the law on the grounds that it violates Art 25 #HijabRow #karnatakahijab

Kamat: In SCR (where the judgment is reported) the problem is there is no paragraph

Court: SCR is the only authoritative publication.

#HijabRow #KarnatakaHijabControversy

Kamat: The religious practices should be abhorrent for the State to intervene and legislate. (refers to the judgment) #HijabRow #KarnatakaHijabRow

Kamat: There is some amount of guidance as to how this power of the State has to be exercised. What flows from this judgment is that the guidance to the State in stopping the religious practice is that it should be abhorrent. This is a innocuous practice #HijabRow #KarnatakaHijab

Kamat: The essence of Art 25 is it protects the practice of faith but not a mere display of religious identity or jingoism. When I was school I used to wear Rudraksha on my neck. I wore it because I felt a certain protection #HijabRow #KarnatakaHijabControversy

Kamat: It is not a display of identity, it is a practice of faith. If it is sanctioned by Hinduism, this court is duty bound to protect it. If not it cannot be protected. #HijabRow #KarnatakaHijabControversy

Kamat: The legislature ought to have applied its mind and the application ought to have been displayed in the act itself. The legislation has to demonstrated ex facie that it has to have an intent to reform #HijabRow #KarnatakaHijabControversy

Kamat: The other point which the court asked me yesterday was as to how other countries (which are not Muslim Countries) have treated Hijab. I have some judgment.

Kamat Quotes Rig Veda "Let noble thoughts come from all direction." #HijabRow #KarnatakaHijabControversy

Kamat refers to judgment of the South African Supreme Court in relation to head Scarf.
Kamat: The jurisdiction which I am citing is of those which have a written constitution. The judgment is Anthony Vs Governing Body. #HijabRow #KarnatakaHijabControversy

Kamat reads the judgment refers to Rasthafarian dreadlocks, explains what dreadlocks is.

Kamat: the Rasthfarian religion mandates that women need to cover their head with scarfs. #HijabRow #KarnatakaHijabControversy

Kamat: Assuming if there is a uniform, somebody is asking for an exemption, it is the duty of the State to protect them not to punish. I will read the next judgment milord. #HijabRow #KarnatakaHijabControversy

Court: This judgment is rendered in the light of the constitutional provision, can we see what the provision of the constitution is.

Kamat: Yes milord. The facts pertain to a Hindu girl named Pillai who wanted to wear a nose ring. #HijabRow #KarnatakaHijabControversy

Kamat: The court has dealt with whether it is a part of the Hindu faith.

Kamat reads from the judgment #HijabRow #Hijab

Kamat: The central theme of our scriptures is that we are not islands, we are connected (explaining the judgment) #HijabRow #HijabBan

Kamat: The SA court says that you can't ask the girl to take off her nose stud even for a short time, because it sends a message that people of other religion are not welcome #HijabRow #Hijab

Kamat: The entire debate that the petitioners here are looking to do away with the uniforms is not relevant at all. It is about exemptions #HijabRow #KarnatakaHijabControversy

Kamat: This case is not a case about constitutionality of school uniform, it is about whether certain leeway/modification is what the students are asking for #HijabRow #karnatakahijab

Kamat: The CJ put to me whether I was wearing the #Hijab , yes these students have been wearing it for sometime and till the schools brought in a rule. #HijabRow #KarnatakaHijabControversy

Kamat: The essence of Article 25 is the innocent practice of faith, not a display of religious identity. #HijabRow #HijabBan

Kamat: What the SA court says is that if somebody wants to express their religion, it should be celebrated and not feared #HijabRow #HijabBan

Court: You told us that you will finish it in 15 minutes. We are not in a hurry, you should be in a hurry.

Kamat: I will finish it today. #HijabRow #HijabBan

Court: How these judgments are judgments of issue in hand. We are on Constitution of India

Kamat refers to a Canadian judgment which permitted a student to wear Kirpan to school. Then speaks of a House of Lords judgment which upheld the right of a school that student should not bearing a full dress. #HijabRow #HijabBan

Kamat now adverts to arguments on Article 25. Refers to a Judgement of Justice Chandrachud, asks the court to note down paragraphs which refers to growing intolerance. #HijabRow #HijabBan

Kamat: State says somebody wears a headscarf, there will be issues cannot be the reason to stop them from wearing it #HijabRow #HijabBan

Kamat: According to me milords, these judgements give judicial recognition to Heckler's veto. Courts say that a heckler cannot be permitted to determine fundamental right #HijabRow #HijabBan

Kamat: Our secularism is not the Turkish Secularism, ours is a positive secularism. We recognise all religions as true. I want to read another judgment milord. #HijabRow #HijabBan

Kamat: The State says, we are a secular State where the State says nobody should wear anything religious in nature. Here if we practice different faiths, the identities have to be recognised. #HijabRow #HijabBan

Kamat: A reasonable restriction to #Hijab would be that these students wear a uniform. #HijabRow #HijabBan

Kamat: I had said before single judge that putting students belonging to different religions separately is a destructive practice. #HijabRow #HijabBan

Kamat: The doctrine of proportionality should operate milords. How can they expel a student when a student does not wear a uniform? How is this fair?

Court: Were they expelled?

Kamat: No milord.

Court: Then its different. #HijabRow

Court: If a passenger is not permitted into a train when they dont have ticket, then its not expulsion.

Kamat: This is a case of a student is wanting to access eduction and the State says they will not be permitted in school #HijabRow #HijabBan

Kamat: Milords, can have the order of this court on Thursday, certain observations milords, Whatever your lordships say as a constitutional court has a great value. #HijabRow #HijabBan

Kamat: Article 25 has no concept of reasonable restriction. Lastly milords please look at the operative portion restraining the students. The sweep of this order is extremely broad. Kindly make some leeway , please permit us to carry out our faith #HijabRow #HijabBan

Kamat: This order suspends fundamental rights. Please dont continue this order. #HijabRow #HijabBan #KarnatakaHijabControversy

Kaleeshwaram Raj submits.

Professor Ravivarma Kumar: I am appearing for the petitioners in 2347.

Court: Let us first understand who is appearing in which case. #HijabRow #KarnatakaHijabControversy

AM Dhar, Sr.Adv says he has also filed another petitioner.

Professor Kumar: May I request the court to take the statements of objection.

AG: I want to point out something factually. The petitioner is one. This petitioner has filed another petitioner #HijabRow #karnatakahijab

AG: These are the same persons, they will have to one of the petitions. I must point out that the second petitions may not be maintainable. #HijabRow #KarnatakaHijabRow

Counsel in court: I have filed a withdrawal memo in the previous petition milords. #HijabRow #KarnatakaHijabRow

AG: The point is that arguments have been addressed. The same petitioner cannot file the same petition again and again. If they want to assist the court its ok

Court: Mr.Hegde, who appeared in the previous matter. He has made his submissions. We have noted it.

Mir: I am for the original petitioners is the line of chronology. #HijabRow #KarnatakaHijabRow

Court: You people cannot decide as to who is to argue first. We will hear only one counsel in one case. #HijabRow #KarnatakaHijabRow

Prof Kumar: She wants to withdraw the other petition and continue with this petition. May I request the court to point out para 12 of the statement of objections. #HijabRow #KarnatakaHijabRow

Court: The statement of objection is not there in your case.

Kumar: It is a common Statement of Objections. Kindly come to para 12.

Reads the Statement. #HijabRow #KarnatakaHijabRow

Kumar: I was prevented from attending the class on the 28th January. #HijabRow #KarnatakaHijabRow

Kumar: The government is yet to take a decision on uniform, it is constituting a high level committee. As of now the government has not prescribed any uniform, it has not prohibited wearing the #Hijab #HijabRow #KarnatakaHijabRow

Kumar takes the court through the GO dated 5th February 2022.

#HijabRow #KarnatakaHijabRow

Kumar: Kindly come to the operative portion of the order. Reads the portion relating to Article 25. #HijabRow #KarnatakaHijabRow

Kumar: Government has said that they have not prescribed any uniform, then they are asking the students to prescribed uniform. #HijabRow #KarnatakaHijabRow

Kumar: There is no ban of wearing #Hijab by any students. It says the college development committee will fix it. Till then cloths that do not threaten unity, public order must be worn #HijabRow #KarnatakaHijabRow

Kumar: They have asked the CDC to prescribe the uniform. The Karnataka Education Act is a complete code in itself. The CDC is an extra legal authority with the power to prescribe the uniform contrary to the act. #HijabRow #KarnatakaHijabRow

Kumar: Under the definition clause all the authorities that are specifically empowered under act are defined. #HijabRow #KarnatakaHijabRow

Kumar: This is not a private college, this is not a tutorial institution, its not a commerce institution. Its a pre university college. #HijabRow #KarnatakaHijabRow

Court: So you are trying to say that CDC is not a statutory body under the act. We will continue tomorrow.

Court:
Arguments have been completed by Devadatt Kamat, Prof. Ravivarma Kumar is arguing now. Put up tomorrow at 2.30 PM.

Kumar: The colleges are reopening tomorrow

Kumar:My application may be considered.

AG: This does not have an affidavit. We cannot respond.

Counsel: The petitioners are in Udupi. #HijabRow #KarnatakaHijabRow

Court: We will not allow a bad practice. Application should be filed along with the Affidavit. A lawyer cannot be permitted to swear in an affidavit on behalf of the petitioner. #HijabRow #KarnatakaHijabRow

Court rejects the affidavit. #HijabRow #KarnatakaHijabRow