Thread by @barandbench

Karnataka hijab row: Day 5 hearing before Karnataka HC full bench at 2.30 pm today.

Senior Advocates Ravivarma Kumar and Yusuf Muchhala completed their arguments yesterday.

Read this thread for LIVE UPDATES from court

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab

Here are the important arguments from yesterday before the Karnataka HC

Read More: bit.ly/3LCfJRU

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Watch this 1-minute VIDEO on what happened before the Karnataka HC

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Hijab Row: Day 5 hearing before Karnataka High Court

#Hijab #HijabControversy #KarnatakaHijabControversy #KarnatakaHC

Read LIVE UPDATES here: bityl.co/AyEO

Bench assembles, hearing commences.

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab

Advocate Shadan Farasat says a new petition has been filed.

Advocate General Prabhuling Navadgi says no fresh cause of action. If everyone goes on filing, please consider our plight (to respond).

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab

We fail to understand this concept of intervention applications. We will hear petitioners and respondents and if we think it is required, we will seek your (intervenors') assistance: CJ Ritu Raj Awasthi

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab

No intervention, thank you: CJ Awasthi

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab

Four petitions filed and arguments going on for 4 days. Special Bench constituted for this. How many days you people want? CJ Awasthi

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab

Advocate to begin arguing. CJ says court fees of Rs 300 have not been paid. There are office objections also.

Make good the objections by tmrw and then we will hear you. We will hear you tomorrow: CJ Awasthi

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab

Advocate Rahamuthallah Kothwal begins arguments.

Kothwal refers to Article 51(c) of the Constitution.

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab

Article 51(c) is a fundamental duty to foster respect for international law and treaty obligations in the dealings of organised peoples with one another; and encourage settlement of international disputes by arbitration.

He Refers to Universal Declaration of Human Rights, Article 18 - "Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private"

Kothwal also refers to Convention on Elimination of discrimination against women. It has been ratified by India in 1993.

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab

My submission is that the action of the State is not in consonance with the international conventions ratified by India: Kothwal

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab

Chief Justice: Will you listen to the Court also? First show your bonafides, who are you?

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab

You will not be allowed to argue like this. Who are you? Bench

I am a social activist. I want to assist this court. I have assisted this Court before too in many PILs including COVID related petitions: Kothwal

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab

I don't have personal interest in this matter: Kothwal

Are you aware of PIL rules? Bench

Court now asking petitioner to show compliance with rules on PIL.

You are wasting time of the court in such an important and serious matter, pagination not proper. You are wasting time which can otherwise be used by your friends: Justice Krishna Dixit

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab

We will dismiss this petition as not maintainable: CJ Awasthi

As per my instructions everything is complied. Maybe some pagination mistake: Kothwal

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab

I request court not to get into technicalities. I will conclude my submissions in two to three minutes: Kothwal

You are testing our nerves. We will dismiss the petition with costs: CJ Awasthi

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab

Under Karnataka PIL Rules 2018, instructions for filing PILs have been provided. PIL is required to be filed fulfilling those.

This PIL has been filed without complying with the same. It is dismissed: Court

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab

Kothwal registers objection.

First time my PIL has been dismissed on maintainability. I have complied with rules. Much obliged: Kothwal

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab

Dr. Vinod Kulkarni, party in person begins his submissions.

This hijab issue is creating mass hysteria and is disturbing the mental health especially of the poor Muslim girls: Kulkarni

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab

Court again objects, says plea not as per PIL rules.

I have made all declarations: Dr. Kulkarni.

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab

Court examining the petition.

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab

What is the relief you are seeking? CJ Awasthi

Kindly pass an order today to wear hijab on Fridays which is auspicious day for Muslims and during the coming month of Ramzan. That is my prayer: Dr. Kulkarni

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab

Kindly read the prayer in your petition. Your prayer is to direct them to wear uniform: CJ Awasthi

Next prayer (prayer b) is to allow them to sport hijab: Dr. Kulkarni

Your prayers are contradictory: CJ Awasthi

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab

Dr. Kulkarni quoting song sung by late Lata Mangeshkar.

"Kuch pakar kuch khona hain kuch khokar kuch pana hai....we have to lose something to gain something more:" Dr Kulkarni

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab

It is disturbing the mental health of individuals, and the Koran cannot be ignored. Hijab is not against public order or health or morality. Enough has been said about that, I will not dwell on it: Dr. Kulkarni

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab

The Holy Koran says that Muslim women should sport hijab and not expose their body parts like head, neck, etc.: Dr. Kulkarni

Can you show where it says this in the Koran? Unless you substantiate it how can we accept it: CJ Awasthi

#HijabRow #KarnatakaHijabRow #KarnatakaHC

Right now I don't have Quran with me. I can show it at later juncture: Dr. Kulkarni

We cannot accept it unless you show it: CJ Awasthi

Banning hijab tantamounts to banning Quran: Dr. Kulkarni

For you, hijab and Quran are same thing: CJ Awasthi

Not for me. For entire world. I am a devout Brahmin Hindu. Quran applies to entire Muslim community across the world: Dr. Kulkarni

There is no ban on hijab: CJ Awasthi

But if court disallows hijab, it may amount to banning of Quran, may create unnecessary issues: Dr. Kulkarni.

Please pass an interim order today. It will prevent lot of unrest: Dr. Kulkarni concludes.

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab #KarnatakaHC

Senior Adv AM Dar begins arguments

This GO is cryptic in nature, unconstitutional and illegal. We don't need judgments from Tanzania or London. When the Constitution came into being, up to 1960 there was no problem: Dar

We have to analyse the GO in the light of parameters in of Constitution of India which is a sacred book: Dar

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab #KarnatakaHC

First let us understand your locus: CJ Awasthi

This is not a PIL. We are girl students studying in colleges and are likely to be affected by GO: Dar

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab #KarnatakaHC

Justice Dixit: Our Writ petition rules have adopted the rules of the Civil Procedure Code. You have not complied with these. Which institution are your petitioners studying, how have they been stopped from going to school?

#HijabRow #KarnatakaHijabRow #Hijab #KarnatakaHC

Have you stated it in your petition? Justice Dixit

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab #KarnatakaHC

You have not stated it in your petition. You have to show what locus you have: CJ Awathi

Necessary particulars have not been given in the petition as to the cause of action. Writ petition withdrawn with liberty to file afresh: Court

Advocate General Prabhuling Navadgi requests to be permitted to argue for the State tomorrow.

Senior Adv Sajan Poovayya appearing for Respondent colleges submits that he will argue after the Advocate General

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab #KarnatakaHC

I have to say something on how we are in consonance with the law. However, I may be permitted to argue after Advocate General: Poovayya

Sr Adv SS Nagananad for a college lecturer against whom some allegations have been made.

I may be permitted to argue after AG: Naganand

Advocate Subhash Jha submits that their intervention application be heard.

Says that this is not the first time that Courts in the country have been called to address the issue of hijab and growing of beard.

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab #KarnatakaHC

Jha says Bombay and Kerala High Courts have addressed this and held this is not an integral part of Islam. There is an answer for all issues that have been raked up: Jha

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab #KarnatakaHC

Permit me some time: Jha

Right now we are not permitting any intervenor. We will decide whether to allow intervenors after hearing petitioners and respondents: CJ Awasthi

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab #KarnatakaHC

Adv. Kothwal attempts to interject. Submits that his petition be heard tomorrow as rules have been complied with

Chief Justice: We cannot help you, we already gave you an opportunity. The order has been passed

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab #KarnatakaHC

One advocate requests for mediation between parties.

Mediation can be done between parties who agree for that: CJ Awasthi

In which case are you appearing: Justice Dixit

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab #KarnatakaHC

Constitutional issues are involved. We need to answer it. Mediation cannot be done in this manner. It can be done only between consenting parties: CJ Awasthi

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab #KarnatakaHC

If all of them agree we will consider your request: CJ Awasthi

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab #KarnatakaHC

HIJAB ROW

Karnataka High Court Bench rises for the day. Hearing to resume at 2.30 pm tomorrow. State through Advocate General Prabhuling Navadgi likely to commence its arguments tomorrow.

#HijabRow #KarnatakaHijabRow #KarnatakaHighCourt #Hijab #KarnatakaHC