Thread by @barandbench

#SupremeCourt to continue hearing pleas challenging Karnataka High Court judgment that upheld ban on hijabs as part of uniform code for colleges.

Today is the 4th day of regular hearing.
#hijab #Karnataka #hijabban

Bench headed by Justice Hemant Gupta on Thursday told the petitioners that comparisons with turbans worn by Sikhs will be improper.

barandbench.com/news/hijab-cas…

Hearing begins

Justice Gupta tells counsel of request received to let the petitioners finish by Wednesday: we then give two days to the State, and finish.

Adv Ejaz Maqbool: Also a small window for rejoinders.

SC: yes

#Hijabhearing #SupremeCourt

Adv Yusuf Muchhala tells Court that HC wrongly noted that hijabs were only being worn recently by the students.

Muchhala: Please see para 1 of our writ.

Bench notes it has only 1 copy.

Justice Dhulia: we have it it's okay.

Muchhala: Please turn to para 10. [Reads from plea]

#hijabhearing #SupremeCourt

Mucchala: "Previous students till recent years had continued to wear hijab without any hindrance"

No denial of these averments by the State, so it's astounding what they say in their pleadings.

Justice Dhulia asks about the case no of SLPs.

#hijabhearing #SupremeCourt

Justice Gupta: What is your argument?

Muchhala: We've given instances of people being devoted entry to institutes because of wearing hijab, being denied access to education.

Justice Gupta: If these were not before the HC, we can't take it, but hear the other matters.

Justice Gupta: We can't hear this on new grounds. Your point is very well taken.

Mucchala: Have a preliminary objection about it not being referred to Constitution Bench, Mr Kamath already elaborated on it so won't repeat his arguments.

#hijabhearing #SupremeCourt

Muchhala: These are substantial issues, your lordships have said we can't argue based on new documents. But we have brought documents by lords about how much the rights of Muslim women to get education, their cultural rights have been hampered. If my lordships will allow ...

Justice Gupta: IA in this SLP?
Justice Dhulia: Volume 1? Page?

SC: This is not a part of your convenience compilation.

Muchhala: Part of my SLP paper book.

Bench discusses

#hijabhearing #SupremeCourt

Justice Dhulia: Your main ground is it is an essential religious practice?

Muchhala: No, my rights of freedom of conscience, privacy, to have access to education. All these are grounds, there must be uniformity or else there will be disorder. Courts must guard the fundamental...

Muchhala: rights of dignity. Doctrine of proportionality will also come into play there.

#hijabhearing #SupremeCourt

Muchhala goes through govt records noting status of education of Muslim girl students.

Justice Dhulia: This report was not there before the HC.

Muchhala: Yes. We have to see from view of need for awareness of sensitivity. Cultural and religious diversity can be accommodated.

Mucchala: If turban can be allowed, i won't put it under discrimination but tolerance which can be there for hijab also, that won't lead to disharmony. Won't trouble lordships more with these records.

Want to read some paragraphs from Puttaswamy.

#hijabhearing #SupremeCourt

Justice Dhulia: Read just the relevant parts, it's a voluminous judgment.

Muchhala: Lordships may permit me to read some paragraphs.

Justice Gupta asks for citation, Justice Dhulia says it's the right to privacy judgment.

#hijabhearing #SupremeCourt

Mucchala: Unfortunately HC argues that article 19 (1) and 25 are mutually exclusive.

#hijabhearing #SupremeCourt

Justice Dhulia: Please read from the judgment (Puttuswamy judgment)

#hijabhearing #supremecourt

Justice Gupta: Court is only speaking about freedom of conscience and freedom religion. they are not saying articles 25 and 19 are mutually exclusive #hijabhearing #supremecourt

Muchhala: Please see the language of the articles. Please see the article 25.. it was explained that even an atheist is entitled to Freedom of Conscience. two rights cannot be mutually exclusive but they compliment each other

Muchhala: Puttuswamy judgment says object may be noble but what is impact of the decision. We are nationalists and religious minded people have always been nationalists and the freedom struggle shows that. Thus state argument that we are all Indians etc goes out. We are Indians

Muchhala: What is the crime these little girls are committing? Putting a piece of cloth on their head. Because of this all rights are denied to them. One who puts hijab must not be looked like a caricature but with dignity #hijabhearing

Muchhala: My children, they may or may not wear. Nobody can impose their decisions. Quran says observe modesty to the Muslim women and it is what they seek to follow. #hijabhearing

Muchhala: Choice of dress, apparel or appearance is also part of privacy. #hijabhearing

Muchhala: Scholars or interpreters may interpret some way but a lay woman may follow someone and it is not the job of the court to say that why do you follow him or not him. it is not the job of the court milord
#hijabhearing

Muchhala: whether hijab is a fundamental right or not is applicable here.. question here is not about religious denomination but an individual's fundamental right

Justice Gupta: yes no application of Article 26 only 19 and 25 to see whether you have right to wear hijab in school

Muchhala: HC has done something highly objectionable

Justice Dhulia: Yes tell us what is objectionable?

Muchhala: It has been held that there cannot be any interpretation of this court of the Al Quran or using one interpretation against another. This is what HC has done

Muchhala: Al Quran is Arabic and the courts in india are equipped to adjudge. Even average Indian Muslim reads arabic as is without the meaning. Thus in such cases the court should not embark upon the exercise of interpreting Quran #hijabhearing

Justicer Dhulia: you went to court and said this is an essential religious practice and what option does HC has but to point it out. Now you say high court cannot do this.

Muchhala: it must have been pointed out due to over enthusiasm.

Justice Gupta: but the constitution cannot work in vaccum Mr Muchhala

Justice Dhulia: this is the main point of the case. it is you who pointed ERP to the bench

#hijabhearing

Muchhala: it is only judicial wisdom to not touch a field in which they have no expertise. HC when encountered with ERP should have said hands off we cannot look into that. #hijabhearing

Justice Hemant Gupta: thank you Mr Muchhala

Muchhala: I will take 5 mins more. I hope i am not taxing you

Justice Gupta: you are eating into Mr Salman Khurshid's time

Muchhala: I hope he is not looking at the watch

Justice Gupta: But he is looking at you

Muchhala concludes

Sr Adv Salman Khurshid: there is no binary like obligatory and non obligatory in Islam. What is in Quran is obligatory and what the prophet interpreted it is also obligatory. This is a critical thing to keep in mind #hijabhearing

Khurshid: there are two verses of the Quran before you

Justice Gupta: you want us to interpret the verses after Mr Muchhala told us that we cannot do so

Justice Dhulia: what are you saying it is ERP?

Khurshid: it is a matter of religion, culture, conscience, culture, dignity

Justice Gupta: Mr Khurshid we don't want to keep the holy book with due respect. You can give us a print out

Khurshid: I thought this can go in judges library

Justice Gupta: we have one in the Library

Sr Adv Khurshid takes the court through pictures of Burqa, hijab and jilbab and the difference between them. Culture is important since culture leads to identity. #hijabhearing #supremecourt

Khurshid: The very elevated ideas given to the country by this very court cannot be taken away. If I am at the bar I have to subscribe to the dress code. But does it mean I cannot wear anything other than this which is important for my culture or religion? #supremecourt

Khurshid: it is not uniform, of course the uniform will be adhered to but there is something else which needs to be looked at. Hijab is a screen as per the Quran and it is religion or culture. Ghoonghat is considered very essential in UP or North India. It is considered essential

Khurshid: when you go to the Gurudwara people always cover their head. this is culture. In mosques, some countries people dont cover their head in mosques but in India everybody wears a head cover.. this is culture #hijabhearing

Khurshid: just because it is written that God is merciful and forgiving does that mean it need not be followed. But there are provisions also that good rewards in after life to those who obey and hellfire for those who dont. though all of this is in afterlife #hijabhearing

Khurshid: often people think Qafir is some one who does not believe in Islam but it means someone who does not believe in Allah. Deen means religion. For Atheists who do not believe in God are not covered.. but here deen covers all and everyone. #hijabhearing

Khurshid: The Karnataka HC judgment is correct in many areas but in application it has gone wrong.

One Sikh lady seeks to intervene as well since she and other sikh women also wear turbans to institutional spaces

Justice Hemant Gupta: Okay. we will take this on Wednesday now. 11.30 am. By Thursday petitioners should complete

#hijabhearing