Thread by @LawBeatInd

🚨 Karnataka High Court will shortly commence hearing in the Hijab Row case(s)
Yesterday, Advocate General placed FIR registered for investigating Campus Front of India’s alleged involvement in pushing #hijab at PU Colleges ot Karnataka in a “sealed cover” before bench
#HijabRow

Yesterday, senior adv AM Dar made submissions for petitioner students who had allegedly been denied entry to a PU College New Horizon school. AG however told court that it is a private school. Dar told Court that Hijab is a matter of life & death in Islam.
lawbeat.in/top-stories/we…

Further, Sr Adv Kamat for original petitioners told court that the Court must decide basis “Pro-choice” decisions like Sabarimala. He said that right to wear Hijab cannot be restricted as it is a Fundamental Right & an Essential Religious Practice which need not be tested.

A special bench which has been formulated for hearing these cases will shortly assemble. It consists of 3 judges and is headed by the Chief Justice of Karnataka High Court.
#KarnatakaHighCourt #KarnatakaHijabControversy

The hearing will also be streamed live on Karnataka HC’s youtube channel & is available for public viewing here: youtube.com/c/HighCourtofK…

Sr lawyer Yusuf Muchhala for new petitioners: Headscarf does not cover the face. We should be permitted to use it & the college shouldn’t prevent us from doing this. A hijab doesn’t cover the face. #HijabRow #KarnatakaHijabRow

Muchhala: I would like to say that though we had not said Hijab to be considered essential religious practice, if my lords decides to adjudicate on it, I support the stand presented by Senior Advocate Devadatt Kamat for original petitioners #KarnatakaHijabRow

Muchchala cites whom he states is an authentic islamic scholar: True Islamic tradition enjoins veiling of hair & neck, thats all. It doesn’t require fully covering body.
#KarnatakaHijabRow

Muchchala; Prophet had pointed to the face and hands of Ayesha to say that once a girl reaches Menstrual age, she must cover these parts. Admitted position in Islam to say that the head must be covered in Hadis too. #KarnatakaHijabRow

Muchchala: We are merely putting a small piece of cloth to cover the head. No need to go into details.. i hope my lords will take a common sense view #KarnatakaHijabRow #KarnatakaHighCourt

Muchchala: Statement borne out of Quran is essential. #KarnatakaHijabRow

Muchchala refers to Ram Janmabhoomi case.
“In the Babri Masjid case ..(.).. the court said that the belief & faith of worshippers is enough…”
#KarnatakaHijabRow #KarnatakaHighCourt

Muchchala: AG had stated that what is Quran is not obligatory has been contradicted in Shayra Bano case.
Justice Dixit: You give a note to say how their cases are not right. That will save everyone’s time.
#KarnatakaHijabRow #KarnatakaHighCourt

Muchchala: Islam divides all types in 5 types which figure differently in sight of God. This plays an important part in life of muslim. Whatever is stated in Quran, Hadith & Ima MUST be obeyed. Thats all.
#KarnatakaHijabRow #KarnatakaHighCourt

Advocate Kulkarni: I want to bring out two aspects on which ld. AG has responded to my earlier submissions. The first one is that order of delegating power to College working committee is not to be derived from any specific provision but can be issued under a specific clause

Advocate Kulkarni: They cannot take their action to be a new view altogether.
Bench: AG had said that the same action was taken to give effect to Rule 11 (of education Rules under Act) #KarnatakaHighCourt #KarnatakaHijabRow

Advocate Kulkarni: Poovayya said local MLA sharing power not contradictory to sharing of power in Committee which takes decisions. #Karnataka #KarnatakaHC

Kulkarni: Entrusting Legislature with Executive power is not correct #KarnatakaHijabRow

Kulkarni says that the ongoing Hijab row has affected the mental health of the Constitution. The Constitution is the Bhagavad Geeta, Quran, Guru Granth Sahib. Banning it contradicts Fundamental Rights #KarnatakaHijabRow #KarnatakaHC

Kulkarni: A hate bomb has grown in society and it will explode…
AG objects to such submissions.
Court: File your written submissions.
#Karnataka #KarnatakaHijabRow

A lawyer makes submissions and says over 70 media houses have been made respondents in his petition.
#KarnatakaHijabRow #KarnatakaHighCourt

Advocate for a social worker: I am seeing the plight of young children who have been chased by media. Disturbing images and videos have circulated. The media should not be airing these chasing videos #KarnatakaHighCourt #KarnatakaHijabRow

Advocate says that the Lordships order confines to classrooms for not wearing Hijab. A girl in a video is walking and she is being chased by media people. When she removed her hijab, they shot her. Teachers are being asked in public place to remove Hijab #Karnataka

CJ Awasthi: What is it that you’ve placed on record to say this?

Advocate: I have done so in a CD. Children are being made to stand at gates and they are being chased by security personnel for wearing Hijab. #KarnatakaHijabRow

CJ Awasthi: Who is your grievance against?

Advocate: The media persons must be restrained. They are demonising these students in hijab to appeal to the ruling dispensation! Teachers removing Burqa is being shot my media.

#KarnatakaHighCourt #KarnatakaHijabRow

CJ Awasthi: Where is this ? We cant play the CD right now

Justice Dixit: Go to the Childrens commissions, go to the womens commissions…

Advocate: The ruling dispensation is very powerful. We are unable to do anything. This is why I filed this PIL #KarnatakaHighCourt #HijabBan

Bench dismisses petition seeking restraining media from chasing children wearing Headscarves in PU Colleges. Says nothing on record to entertain this.
Bench says it will record an observation in this regard #KarnatakaHighCourt

Jha: What is the need for dress code? For how long will be keep hearing these issues of muslim beards and hijabs…

Bench: Army, navy, lawyers… theres a dress code

Jha: We are all advocates. The uniform of advocate reveals his identity & cannot be missed (Reads Judgment)

Advocate Jha reads judgment before court to show that the Advocates dress is indispensable for his identity which adds that an advocate may not even relax his dress code if rules are relaxed #KarnatakaHighCourt #KarnatakaHijabRow

Bench: How are these judgments relevant for the issue of uniform in schools?
#KarnatakaHijabRow #HijabControversy

Jha: I am only saying - how many times will court go into these issues & waste precious judicial time. A judgment says a girl not wearing a hijab in school in an all-girls school not violate Quran or the essence of Islam.
Bench: But this is for all girls school
#KarnatakaHijabRow

Jha: Should what was practiced 1400 years ago be applied in 2022. They say “women should lower their gaze”.
We are talking about Bharatvarsha.. therefore, not possible to follow each & every word stipulated in the religion #KarnatakaHijabRow

Bench: You are saying in your petition, you have asked CBI/NIA should investigate the radical hatch behind Hijab Row in clandestine manner, anything to show that?
Jha: Even muslim countries relying on our Courts! #KarnatakaHijabRow

Bench: We are not concerned with what other countries are saying.
We are concerned with our country.
#KarnatakaHighCourt

Jha: Jamiat e ullema Hind, CFI, PFI, funded by Saudi Arabia hatching to islamise India. This agitation is engineered and such a massive one cannot be done in a few hours or days. Earlier these girls were not wearing hijab, they engaged senior lawyers….. #karnatakahijab

Jha: A journalist in Kerala named Bashir intercepted letter which showed nefarious design..
Bench: Have you filed any evidence to substantiate these claims ? #KarnatakaHijabRow

Jha: A boy named #Harsha was killed by an islamic radical organisation.
Bench: We can’t say unless investigation over.
#KarnatakaHijabRow

Jha: The MHA should be directed to submit a report to reveal this sinister design behind all this Hijab Row controversy. These outfits - one of them is banned… then they start with some other name & it is happening from Pakistan and it HAS to stop #KarnatakaHijabRow

Jha: They have filed petitions in court after petition, once this gets done, they will file another one! How much judicial time is being wasted!
Bench: Already asked for a report from the Government on this issue on involvement of radical organisations #KarnatakaHijabRow

Senior Advocate AM Dar: How can he attribute our engagement like this?

Jha says he “cannot tell me what to say”. “Please, we have the same years of practice” #KarnatakaHijabControversy

Jha: This is the answer to Dar & others - he reads a text which says that everything that Prophet did not enforceable - I accept Prophet wore Turban, but also brushed teeth with twig of plant, rode a camel and built houses with Clay. But can the same be adopted in today’s times?

Jha: Islam originated in Saudi Arabia. Earlier they didnt allow women to drive. Now they are lacs of women who are driving and applying for licenses. Even their King has said Women are equal. #KarnatakaHijabRow

Jha completes arguments.
Now a lawyer who has filed a PIL challenging GO argues. Bench says not maintainable as original petitioners already arguing the issue.
“How will we ever finish like this?” Bench says #KarnatakaHijabRow #KarnatakaHighCourt

Dar says he wants to make rebuttal arguments.
Bench says they cannot hear him anymore.
Now advocate Md. Tahir says he wants to make submissions
Bench: Argue, we are sitting here.
#KarnatakaHijabRow

Advocate Tahir says many “unnecessary petitions being filed”
#KarnatakaHighCourt

Tahir alleges that CDC uniform resolution is fabricated for the purpose of the case by the Respondents. I can show from the document itself, it is not the same one, he adds

Naganand: There is a typographical error! #KarnatakaHighCourt

Tahir says the committee was not even place. No such committee was in place and power was only given to them in 2014.
Respondents clarify that the committee’s older name was “College betterment committee”
#KarnatakaHijabRow

Tahir says already the court has been misled by citing Verses from the Quran. Many people don’t pray Namaz but does anyone declare then a non-muslim? To say that they want to protect rights of women who dont wear Hijab is unfounded. #KarnatakaHighCourt

Tahir says “they have relied on institutions being secular. This is a so-called secular idea. Because we have adopted practices from all religions. In a case, Saraswati Pooja was allowed because Court said if ritual does not harm anyone, it cannot be done away with” #HijabRow

Tahir: Uniformity in the name of Secularism will mean only Minority will be at loss. Has anyone complained after interim order to stop wearing Saffron Shawls & Hijab except those who wear hijab? No. #KarnatakaHijabRow

Advocate Tahir: Hijab is a practice which is cultural. The Saffron Shawls were “Hooliganism” in return. No saffron shawl wearers are suffering from interim order.
#KarnatakaHijabRow #KarnatakaHijabRow

BREAKING: Karnataka High Court reserves Judgment in the plea(s) challenging alleged ban of wearing #hijab in PU Colleges, Udupi, Karnataka.
#HijabRowInKarnataka