Thread by @LawBeatInd

The Hijab Hearing is set to commence in Karnataka High Court shortly.
The petitioner(s) have challenged the alleged ban on wearing #Hijab in government PU colleges at Udupi district.
#HijabControversy #KarnatakaHijabRow

Yesterday: “If uniform has been prescribed by college, it has to be followed till disposal of this matter", Karnataka High Court clarified on interim arrangement
Read here 👇
#KarnatakaHijabControversy
lawbeat.in/top-stories/if…

Furthermore, Senior Advocate Naganand had told Court that the "drum beating for Hijab" was being carried out with pressure from the Campus front of India. CFI is alleged to have affiliations to an org with radical ideologue "Popular Front of India"
lawbeat.in/top-stories/ca…

BREAKING: Advocate General says in terms of Submissions by Naganand of Hijab matter being pushed by Campus Front of India, an FIR has been registered to look into it. Places it before Court
#KarnatakaHijabControversy

Advocate, Sr. Guru Krishnakumar tells Court constitutional questions cannot be decided on decided on non-secular aspects: "We can't place reliance on ecclesiastical jurisdictions" #KarnatakaHijabControversy

Krishnakumar: Ecclesiastical Jurisprudence is to do with religious groups. It is not there in India but because this is a religious case, it is being done. #KarnatakaHijabControversy

Krishnakumar: My Lords are doing this as a constitutional necessity. But when there are disputes are being raised if it is an essential practice or not, far reaching questions and deliberations are required #KarnatakaHijabControversy

Krishnakumar: The petitioner(s) have raised Quranic basis in a secular activity of education. This is important because this area of constitution is now bristling with various conundrums. #KarnatakaHijabControversy

Krishnakumar reads the objective and purpose of a Uniform and dress Code, which is to thrust on equalisation and equality and the Act mandates this.
#KarnatakaHijabControversy

Krishnakumar: Reliance was placed on freedom of speech and expression by Petitioner(s). There are speech and non-speech activities under Article 19, this issue will be placed under "non-speech"
#KarnatakaHijabControversy #HijabControversy

Krishnakumar: The Government Order is not to interfere in religion but to regulate education which is a secular activity. #KarnatakaHijabControversy

Senior Advocate Devadatt Kamat now before Court, seeks the Courts indulgence to make rebuttal arguments. "Many new submissions been made, many new plea's filed, I need to rebut there". He says he will take about an hour. #KarnatakaHijabControversy

Court says it will first hear fresh cases by petitioner(s) now

#KarnatakaHijabControversy

Senior Lawyer Kirti Singh for All India Democratic Women's Association.
AG: This petition does not disclose which provisions is it registered.
Court: Are you registered?
Singh: We are not a registered body but we fight several PILs. #KarnatakaHijabControversy

Court asks All India Democratic Women's Association Counsel whether there is any authorisation by the President of the Asscn - V Kamla
Briefing counsel says there is a resolution in the file to this effect #KarnatakaHijabControversy

The Court asks the Asscn which committee has filed it. "This doesn't even mention the constitution of the Committee" #KarnatakaHijabControversy

Advocate says there is a resolution with a seal rubber stamp of the Asscn.
"I am sorry young man, this cannot be taken as a decision of the committee!" Court says
#KarnatakaHijabControversy

Court tells the Briefing Counsel to put the requisite documents on record.
Court to Women's association: You say you are here to espouse the cause of women in general. They are already here! You don't need to espouse their cause. #KarnatakaHighCourt

Singh for Women's association: We have appeared before #SupremeCourtofIndia...
Court: We are only concerned with our court. Please.
Singh: But this issue is about a number of Muslim women. Not only the petitioner.
#KarnatakaHijabControversy

Court asks the asscn to justify its locus, says the issue does not affect them
#KarnatakaHijabControversy

Singh: We are a well recognised Association.
Court: When aggrieved persons already before court, we cannot let you espouse this court on their behalf. We are not on your credentials. Sorry, we are not satisfied with the maintainability of your Plea. #karnatakahijab

Singh says the onus of Article 14 will have to be on the state which it has not discharged.....
Court: Thank you, next..
#KarnatakaHijabControversy

Singh continues arguments.
Justice Krishna Dixit says in light of the SC precedent you don't have a ground.
Singh: No.. No
Justice Dixit: If you say no, we can't help it.. accept dismissal of the petition! #KarnatakaHijabControversy

Singh continues arguments.
She says the girls have a fundamental right which is the right to choice and expression.
Justice Krishna Dixit: This is already argued.
Singh: No ... No, no arguments have been made.
#KarnatakaHijabControversy

Court consistently asks Singh to stop making arguments.
"We have already dismissed you!"
#KarnatakaHijabControversy

An Advocate, Mr. Mohammed Tahir withdraws his petitions.
"dismissed as not pressed": Court says
#KarnatakaHijabControversy

Senior Advocate AM Dar in a fresh petition says that on 7th and 9th February, students were prevented from entering a college and they were denied entry because they were wearing hijab.
AG: This is a Private College. Not a govt. College
#KarnatakaHijabRow

Court: This new horizon school.. is this a govt. pu college?
Dar: They were prevented from entering...
Court: Answer the question
Dar: This is govt. aided
AG: I have studied in that school, it is private! #KarnatakaHijabControversy

Dar: I have read the Quran. Wearing Hijab is an essential religious practice. This is commanded by Allah.
Sur e Noor speaks of Noor which is "adornment".
#KarnatakaHijabControversy

Dar: There are different clothing for Islam. Abaya, Niqab, Burqa, Hijab.
It is the last commandment "Hijri" by the time the Quran was complete. This commandment in the last Hijri once the 5 pillars came to being. #KarnatakaHijabControversy

Dar: Quran has Zakat, rules of inheritance....
Justice Krishna Dixit: Sir, please, one second..
AG: Court wants to ask something..
Court: Which is the commandment for Hijab?
#KarnatakaHijabControversy

Dar: Wives of Prophet wore Hijab.
#KarnatakaHijabControversy

Dar: I will only assist your lordships as to what is the commandment of Allah. I will never mislead your lordships. No one has told My Lords where the commandment for Hijab has come from.
#KarnatakaHijabControversy

Dar: The hair, face and chest is to protect chastity, modesty for a muslim woman. They have to cover 3 things. These are vulnerable parts so there is no attack by "unrighteous people" and their eyes stay away. We are not saying we will wear "Burqa"
#KarnatakaHijabControversy

Dar: Allah asked his wives to wear Hijab. The Hijab comes from word "Khimar". We have to cover the chest. it is a matter of Life and Death for us! We are not wanting to destroy any secular fabric.
#KarnatakaHijabRow

Dar: On Isra, Prophet was taken to Allah on Jibril and he had two wings. Prophet cried and asked who the hideous women were. It was answered "These are women who roamed uncovered" & "they are sinners".
#KarnatakaHijabControversy

Dar: During Isra, it was revealed to Prophet that Women who were uncovered had "serpents around their neck" and they were "crying".
#KarnatakaHijabRow

Dar reads out Quranic verses in Arabic.
According to the Quran, On judgment day, those women who remained uncovered will face the wrath.

#KarnatakaHijabRow

Dar: Non-covering by a woman will mean the lady will be sent to the place where there will be wrath on judgment day to give "Hisaab". 'We have to be ready to face judgment. To cover head is Essential religious practice for us".
#KarnatakaHighCourt

Court asks Dar to tell them to the Surah which they need to note. ..
Dar: We are citizens of a democratic country..
Justice Dixit: First come to religion then we'll come to secularism.. tell us the Surah's #KarnatakaHijabRow

Dar: They are
Sur-al-ghashiya
Sur-al-ma'arij
Sur-al-Ira
Muslim women wear headscarves to be recognised as believing women and to be protected. They are not to expose their private parts & bosom. #KarnatakaHijabControversy

Dar: We love to live in peace and with our brothers in majority. We have fought shoulder to shoulder.
When the Prophet went to Indonesia, which was a Hindu dominated country, they said we'll keep some hindu practices, our generous Prophet agreed! This is how generous He is.

Dar: When performing Hajj though stranger men and women can perform it together, though they have to separated in all situation but the condition is that women have to be covered when doing so. #KarnatakaHijabControversy

Dar is now reading sacred Islamic texts to justify that Hijab is indeed an essential religious practice.
#KarnatakaHijabControversy

Dar: Hijab is command by Allah. If we carry our sins no one will be there to atone our sins. This is why we advise our sisters, wives, daughters to wear the Hijab. This is nothing to be ashamed of.
#KarnatakaHijabControversy

Dar: We are no Banana Republic. We live in Harmony, we live in brotherhood, not like others... We are a booming economy. Hijab is a small issue for such a booming country. Hijab enhances the lady. It protects the lady. It causes no immorality. #KarnatakaHijabRow

Dar: Hijab adds to morality
#KarnatakaHijabRow #HijabBan

Dar: If Lord Ram is mutilated and images desecrated, it will hurt feelings of Hindus but how will a scarf hurt others feelings.. such a small piece of cloth to cover the head? #HijabBan #KarnatakaHijabControversy

Justice Krishna Dixit: Please be considerate to your colleagues.. they also have to make submissions.
Dar is citing some judgments.
#KarnatakaHijabControversy

Dar: This is a marginalised community because of our own faults. We are giving contribution to our big brothers, the majority. Please allow our girls to cover their heads. Majesty of law should prevail.
#KarnatakaHijabControversy

Dar: Allama Iqbal had said "Saarey Jahaan se accha... Hindustan Humara"... This is a question of life and death for us. This is not a Hindu Rashtra, not an Islamic Republic. #KarnatakaHijabControversy

Dar: We will leave education but not compromise on our principles! We are answerable to our God beyond this world. Please come to our rescue. #KarnatakaHijabControversy

Justice Dixit: Good speech.
#KarnatakaHijabControversy

A Lawyer says petitioners are degree students not PU College students and they are being denied entry. "I want to quote Quranic verses..."
Court: We are passing orders. Similar matter is pending & this may be connected to WP 2902. #KarnatakaHijabRow

Advocate Subhash Jha for another petitioner. Court tells him "Without court fees, we can't touch the file".
Jha: It can be done away with... subject to your lordships discretion
Court: No such provision in law. There are objections too.. 14 of them.. #KarnatakaHijabControversy

Jha: My Lord may allow me to make submissions ..
Court: Your petition is not maintainable.
Jha: My lords if rights are meddled with.. it can be done away with...
Court: Make good your objections.. list tomorrow #KarnatakaHijabRow

Devadatt Kamat Sr Adv back in podium: "I feel like I am a batsman after fast bowlers came from all sides."
Court: Well, you were the opener!
#KarnatakaHijabControversy #CricketTwitter

Kamat: Some balls which were delivered were wide, some were no balls. I'll try to counter all.
#KarnatakaHijabControversy

Kamat: The Advocate general on the first day of opening said, not once but three times, that the purport of the Government order was not to exclude Headscarves. Thus it was flawed for various reasons. This part of the GO has to thus go.
#KarnatakaHijabControversy

Kamat says the MLA cannot dictate terms. He says that Public Orders cannot be against the constitution.
For this he cites a judgment.
#KarnatakaHijabRow

Just when Kamat Cites Judgment, Justice Dixit reads out the citation.
Kamat says "he is amazed by My lords memory at this age" & that he is unable to do so at this age even.
Justice Dixit: Even the tolerance..... *laughs*
#KarnatakaHijabControversy

Kamat: "An MLA is not officer subordinate to state government". This is covered by a judgment of "Ashwini Kumar Upadhyay Vs. UOI 2019" @AshwiniUpadhyay
#KarnatakaHijabControversy

Kamat: They are saying I haven't challenged circular of 2014. I don't need to, as long as the circular prescribing the CDC remains a guiding force, MLA's guiding college is a good thing. Problem is when you invest them with statutory functions. #KarnatakaHijabControversy

Kamat: The Government Order does not stand. It has to go and IF it goes, I want to say that there is no restriction ipso facto on exercise of Fundamental Rights. #HijabBan

Kamat: When does the stage of ERP actually come? They have cited so many aspects and judgments on ERP... without telling the court at what stage that ERP Question comes..
Court: You can't put new arguments now...
#HijabBan

Kamat: ERP was raised by us only for attack on Government Order. But they continued to cite judgment after judgment.

Court: You say if the Government order goes, there will be no restriction on Fundamental Rights exercise. What are those?
Kamat: I will make it good that ERP does not arise in this particular case. #KarnatakaHijabRow

Court to Kamat: Forget about what AG has said, 1st you have to establish your right. You are insisting to wear particular head dress inside an institution which has a uniform. Now you are saying you have a fundamental right, Establish what is being infringed. #KarnatakaHijabRow

Kamat: I will establish this by Constitutional rights. I can't believe this issue would be questioned by state.... (the right to wear a headscarf)
Court: Forget about the state..... tell us how is it your fundamental right...#KarnatakaHijabRow

Kamat: This is stemming from Article 25(1)
Court: No no... tell us what is this right?
Kamat: It is a religious right of practice....
Court: So tell us how..
Kamat: I am asking Where is the restriction?
Court: No .. where is the right?
Kamat: It stems from Quran..
#HijabBan

Court: Tell us the constitutional right that is infringed.

Kamat on restrictions.."there has to be a stipulated restriction for a person to deny a fundamental right. The education act's rule prescribing uniform will be questioned here.. "

Court: No, it will not be attracted!

Court: You are saying its an essential religious practice...
Kamat: The Supreme Court in Bijoue Manuel asked where is the restriction, not "show me your right".
#KarnatakaHijabRow

Kamat: Ambit of rights cannot be put in a strait-jacket formula so far as article 25(1) is concerned. I am saying this is my religious right, and that is I have to wear a headscarf. Education Act is not a measure of social welfare for purposes of Article 25(2)
#KarnatakaHijabRow

Kamat: The Education Act and rules have no intention to establish the Hijab as a regressive practice. Now it is being resurrected what our framers declined to do expressly - no religious symbols... we'll have uniformity..nothing like this..
#KarnatakaHijabRow

Kamat read constitutional debates to substantiate his point. He says the state cannot resurrect an argument of 'uniformity' & no religious symbols when none like this was made out in the Constitutional debates on Article 25 of the Constitution. #KarnatakaHijabRow

Kamat: Constitutional Morality is not to curb Fundamental Rights but a meter to restrict state power. All decision cited by them including Sabarimala are "Pure Choice"
#KarnatakaHijabRow

*pro choice

Kamat: They say tomorrow, if we allow hijab, a brahmin boy will come up, someone else will come up. I will say this at the cost of getting abused, we cannot decide questions on basis of Hypothesis.
#KarnatakaHijabRow

Kamat: They are saying "Wearing a headscarf is a Regressive practice". I am saying it is not. I am saying it is a display of "Diversity"
Court: No one is denying it is a recognised head dress.
Kamat: But they are saying this is a regressive one.
#HijabControversy #HijabBan

Court: No No, the issue of Hijab was not argued by the Respondents from point of view of Regressiveness. It was argued on the context of Dignity. Individual Dignity.

Kamat: Net result is that today people who want to wear headscarves & Turbans, the Sikhs are denied education.

Kamat: As a state, they should create a conducive atmosphere. The Government order is now being used to deny education to wear Hijab, Turbans to Sikhs.
#HijabBan

Kamat: We have cited Surah's from Quran to establish this is an Essential Religious practice.
Court: First you clear your stand! Whether you want to say it will be tested as an ERP or whether it doesn't need to be & only is a Right under Article 25. #KarnatakaHighCourt

Kamat: I am saying it is an ERP but the test will be on Article 25 as there are no restrictions on the Hijab. #karnatakahijab

Kamat: The respondents' are saying I have cited Quran.com, I want to say that the relevant Surah's I have cited are all authors who are marked. It is not an unauthorised translation. It is a compendium of translations. #KarnatakaHighCourt #karnatakahijab

Kamat: Hijab derives from Arabic word Khimar.. this is like a veil .. like the Ghoonghat, which covers the head and chest.
further, Shayara Bano judgment says whatever is in the Quran has to be followed. #KarnatakaHijabRow

Kamat: Hadith stands on same position as Quran. Chapter 12, Verse 24, 31 is explained & how it is practiced to Ayesha (My lords are aware Ayesha is Prophet's wife) "to draw their veils over bodies, faces, necks and bosoms ....(...) and covered their heads"
#KarnatakaHighCourt

Kamat: Purdah and Burqa is not an essential religious practice but Hijab is. I have established judgments - 3 of them to say this.
But respondents have not cited any judgment to say Hijab is not an essential religious practice.
#karnatakahijab

Kamat: Dr. Ambedkar had said a good constitution can be bad if its implemented by bad people. Dare I say, the State has implemented it in a bad manner. But we are in the hands of a Constitutional Court.
#KarnatakaHijabRow

Kamat ends his arguments.
#KarnatakaHijabRow

Tomorrow, we will hear petitioners.

Advocate Kulkarni intervenes, says: "Tomorrow is Jummah, My lords may kindly allow the Hijab to be worn tomorrow".

Court: Tomorrow at 2.30.
#HijabControversy