Bar & Bench Profile picture
Sep 21 147 tweets 76 min read
Day 9: [Hijab Ban hearing]

The Supreme Court will soon continue hearing a batch of appeals challenging the Karnataka High Court verdict that effectively upheld the ban on wearing hijab in government schools and colleges.

#SupremeCourt #SupremeCourtofIndia #Hijab #HijabBan
Advocate General for Karnataka Prabhuling K Navadgi will continue his arguments today.

#SupremeCourt #SupremeCourtofIndia #Hijab #HijabBan
Court to AG: We'll require the chargesheet filed, and the Karnataka order translated to Hindi.

AG Navadgi: We will have it by end of day. Two chargesheets - both of them will be placed.

#SupremeCourt #Hijab
AG Navadgi on essential religious practice: If Lordships are to test it even under 19(1) or 21, there is a link to 25.

Entire fulcrum before High Court was on 25. The pleadings itself.. they came to the court saying that it's just not school discipline.

#SupremeCourt #Hijab
AG Navadgi: It was in this context that High Court examined.

Justice Gupta: The question would be, even if we presume it's not an ERP- then what kind of practice would it be?

#SupremeCourt #Hijab
AG Navadgi reads the case of AS Narayana Deekshitulu v State of Andhra Pradesh.

indiankanoon.org/doc/28343/

Whatever binds a man to his own conscience and whatever moral or ethical principles regulate the lives of men believing in that theistic,.."

#SupremeCourt #Hijab
Continues, "..conscience or religious belief that alone can constitute religion as understood in the Constitution which fosters feeling of brotherhood, amity, fraternity and equality of all persons which find their foothold in secular aspect of the Constitution."

#Hijab
AG Navadgi: Wearing of Hijab is a religious practice... This answers that.

Justice Gupta: The argument is that everything in Quran is mandatory and sacrosanct.

#SupremeCourt #HijabAssuming
AG Navadgi: We are no experts in Quran, but this court in at least three instances said every word in Quran maybe religious, but not essential.

Refers to the case of Mohd Hanif Quareshi v State of Bihar.

#SupremeCourt #HijabAssuming
AG Navadgi: It's a fact that it is Quran. If everything in Quran is to be accepted.. the question of essentiality test will be defeated.

#SupremeCourt #Hijab
AG Navadgi: If every aspect of Quran, with great reverence, it may be religious but whether it's essential has to seen on the court's test.

Justice Gupta: Mr Pasha has pointed out 5 .. he said it will fall under the head of an obligation.

#SupremeCourt #Hijab
AG Navadgi: Today, we have many women choosing not to wear Hijab.

Women who choose not to, don't become less Islamic. If it is so obligatory and compulsory.. this is one of the tests we may have to apply.

#SupremeCourt #Hijab
Justice Gupta: I know someone in Pakistan.. a former judge of Lahore High Court. None of his two daughters ever wore Hijab.

AG Navadgi: It is true!

#SupremeCourt #Hijab
AG Navadgi: To my knowledge, I have also not seen lot of women wearing Hijab.

Justice Gupta: In Punjab, unfortunately, we don't have many Muslims since they migrated. But in Patna and MP- there was a Muslim family. No one wore Hijab.

#SupremeCourt #Hijab
AG Navadgi: This argument that it is obligatory cannot be the answer. In fact, the constitutionally tested principle has to be applied.

#SupremeCourt #Hijab
AG Navadgi refers to the Triple Talaq judgment in Shayara Bano v Union of India.

indiankanoon.org/doc/115701246/

#SupremeCourt #Hijab
AG Navadgi reads, "Except to the above extent, the freedom of religion under the Constitution of India is absolute and on this point, I am in full agreement with the learned Chief Justice."

#SupremeCourt #Hijab
AG Navadgi continues, "However, on the statement that triple talaq is an integral part of the religious practice, I respectfully disagree. Merely because a practice has continued for long, that by itself cannot make it valid if it has been expressly declared to be impermissible."
AG Navadgi continues reading, "..it is equally clear that the fundamental nature of the Islamic religion, as seen through an Indian Sunni Muslim’s eyes, will not change without this practice."

#SupremeCourt #Hijab
AG Navadgi: The trend seems to be while interpreting Muslim personal law also, unless they show compulsory, obligatory and ERP- you cannot get protection under Article 25.

#SupremeCourt #Hijab
AG Navadgi refers to the case of Javed v State Of Haryana.

indiankanoon.org/doc/1572027/

#SupremeCourt #Hijab
AG Navadgi discusses the case of Dr M. Ismail Faruqui v Union of
India.

indiankanoon.org/doc/37494799/

#SupremeCourt #Hijab
AG Navadgi reads, "..offering at every location where such prayers can be offered would not be an essential or integral part of such religious practice unless the place has a particular significance for that religion so as to form an essential or integral part thereof."

#Hijab
AG Navadgi: The fact that non wearing of hijab is not even pleaded and no sources are relied to demonstrate that such nonpractice would result in change of the colour of religion.

#SupremeCourt #Hijab
AG Navadgi: One of the submissions was that if you do not follow, you will be answerable.. that is too general in nature. They obligation must be provided in the text itself.

#SupremeCourt #Hijab
AG Navadgi: AS Narayana Deekshitulu v State of Andhra Pradesh has held that not every activity of the dress can be associated with the practice of religion.

#SupremeCourt #Hijab
AG Navadgi: Wearing of Hijab may be religious, is it essential to religion? The High Court has said no.

Justice Dhulia: What is essentially religious, is essential to religion you are saying?

#Hijab
AG Navadgi: No, what is protected under Article 25 is what is essential to religion.

#Hijab #SupremeCourt
AG Navadgi: There is a chart we have prepared.. It is a compilation of cases. Everytime the same thing has been followed.

#SupremeCourt #Hijab
AG Navadgi: Before the High Court, every writ did not travel more than four pages and the claim of ERP was restricted to one paragraph. The prayer was declare it as an ERP.

#SupremeCourt #Hijab
Justice Dhulia laughs: What kind of a prayer is this?

AG Navadgi: These kind of prayers are practically obtaining a judgment in-rem. Once it's an ERP- it binds every member of Islam faith. Therefore, we shoul be more responsible in doing so.

#SupremeCourt #Hijab
AG Navadgi: You are seeking a declaration for the entire religion.

Justice Dhulia: Why didn't you say this is not an issue of ERP before High Court?

#SupremeCourt #Hijab
AG Navadgi: At one point of time, we were reluctant about interpretation of Quran. Our answer - the way we submitted before HC was.. We only said these tests are not satisfied.

#SupremeCourt #Hijab
AG Navadgi: They cited a Quran which was downloaded from a website. Then, the court wanted to know which is the book to be relied on.

We found in Shayara Bano and Shah Bano- Lordships relied on the Yusuf Ali commentary.

#SupremeCourt #Hijab
AG Navadgi reads from Shayara Bano judgment, "Learned counsel representing the rival parties commended, that the text and translation in this book, being the most reliable, could safely be relied upon. The text and the inferences are therefore drawn from the above publication."
AG Navadgi: The right under Article 19.. my submission is - if it's held that there's no right under Article 25 then what remains is the reasonableness of the school's action.

#SupremeCourt #Hijab
AG Navadgi: There is an argument for right of expression - the words used are- right to wear Hijab in a school forms fundamental right of freedom of expression.

#SupremeCourt #Hijab
AG Navadgi: My submission is two fold- first, what requires to be examined is was there a restriction on wearing Hijab? The action has been coloured and clouded in many things.

#SupremeCourt #Hijab
AG Navadgi: It is Rule 11 which gives a power to an institution to prescribe a uniform. Therefore, whether the rule 11 is a legislation which deals with any of the rights under Article 19?

#SupremeCourt #Hijab
AG Navadgi: This legislation does not deal with any rights under Article 19.

Justice Dhulia: come again, what are you saying?

#SupremeCourt #Hijab
AG Navadgi: In Bacchan Singh it was held is that if a legislation incidentally entrenches on Article 19- that legislation cannot be invalidated.

Justice Gupta: The effect has to be seen.

#SupremeCourt #Hijab
AG Navadgi: The question is- is it a remote effect or proximate effect. Our Karnataka legislation is not for dress.

Justice Gupta: Dominant objective..

#SupremeCourt #Hijab
AG Navadgi: If incidentally, there is an infraction - that legislation cannot be called into question.

#SupremeCourt #Hijab
AG Navadgi refers to the case of Bachan Singh v State of Punjab.

indiankanoon.org/doc/307021/

#SupremeCourt #Hijab
AG Navadgi: If a student wears a wrong uniform and the teacher sends him back, can the student move court and say there is no ground to impose restrictions on freedom of expression?

#SupremeCourt #Hijab
Justice Dhulia: You are saying the Act had to do with school administration but if incidentally we violate your fundamental right, then nothing can be done.

#SupremeCourt #Hijab
AG Navadgi: Let me put it differently. if the dominant purpose of the legislation is somewhere else, but incidentally the effect is something else then 19 (2) cannot be pressed.

Justice Dhulia: I will never understand this.

#SupremeCourt #Hijab
AG Navadgi: It looks like a far reaching proposition, but I will try and demonstrate.

Innocuous situation of prescribing a uniform and disobey of the same..forget this situation. A student can come before Your Lordships saying 19(1)(a) is being violated.

#SupremeCourt #Hijab
AG Navadgi: Intention of the legislation was just to bring about disciple.

Justice Gupta: Probably you want to say you are not prohibiting even ancillarily, you are only regulating.

AG: Yes.

#SupremeCourt #Hijab
AG Navadgi: Particularly with reference to a particular action.. can you ask the State or school administration to justify every action?

Justice Dhulia: Another question that has been put to us- Karnataka Education Act nowhere says this should not be done.

#SupremeCourt #Hijab
Justice Dhulia: You are putting restrictions by executive order, if this is violative of 19 can only be done by law. Is this a law?

#SupremeCourt #Hijab
AG Navadgi: I only say follow Rule 11. Even if government order is withdrawn.. Rule 11 empowers schools to prescribe uniform. It's the source of power.

Unfortunately, they have not challenged the vires of the Rule.

#SupremeCourt #Hijab
Justice Dhulia: Some schools may not have uniform, then how can you stop them? Then it says unity and some word.. what is..?

AG Navadgi: In all govt schools, it's uniform prescribed by govt. Karnataka provides free uniforms to students from 1st to 10th.

#SupremeCourt #Hijab
AG Navadgi: secondly, in so far as per university is concerned - college development council shall prescribe uniform and students are bound.

#SupremeCourt #Hijab
AG Navadgi: Third is, if no uniform - please wear something which inspires unity and equality without effecting law & order of the region.

#SupremeCourt #Hijab
Justice Gupta: So if someone wears headscarf are they affecting unity etc?

AG Navadgi: We don't come in the way if the school says we do not prohibit it.

#SupremeCourt #Hijab
Justice Gupta: This uniform that the State provides, is it same uniform in 11th & 12th?

AG Navadgi: No, these are different. PUC age is between 15-17. This age according to me is a very impressionable age. We are exposed to so may things.

#SupremeCourt #Hijab
AG Navadgi: The requirement of discipline is much more at the time, according to me. Therefore, i think the idea of uniform.. it brings every student on the same plane irrespective of economic background.

#SupremeCourt #Hijab
AG Navadgi: Secondly, you rise above religious transcendence as said in Article 51 A.

Justice Gupta: Of course, it's not enforceable.

#SupremeCourt #Hijab
AG Navadgi: This Rule 11 has not been called into question. It continues to empower the administration.

#SupremeCourt #Hijab
AG Navadgi: In the alternative, on 19 (1)(a), I want to submit something in five minutes.

#SupremeCourt #Hijab
AG Navadgi: Right to speech & expression is on communication, info etc. This concept of a dress is possibly under NALSA judgment.

#SupremeCourt #Hijab
AG Navadgi: The NALSA was a transgender's case who wanted to express their identity so they said it was so closely connected to right to wear a dress therefore it be recognised.

#SupremeCourt #Hijab
AG Navadgi: The other side has proceeded under the assumption that there's a right without showing how right to wear Hijab is right to expression.

#SupremeCourt #Hijab
AG Navadgi: It cannot be easily said that right to wear Hijab forms part of 19(1).

Justice Gupta: Are right to speech and expression correlated?

AG: They can be independent or codependent.

#SupremeCourt #Hijab
Justice Dhulia: Mr Sibal said that Hijab can be worn outside school. There you have no problem?

AG Navadgi: Yes. No problem.

Justice Dhulia: So, does she lose her right at the school gate?

#SupremeCourt #Hijab
AG Navadgi: There is nothing like an absolute freedom, every freedom can be restricted and controlled.

Let us say I wear Hijab in a public place , but I'm not allowed in school - it only means that fundamental right is restricted in manner known to the Constitution.

#Hijab
Justice Dhulia: Under what ground are you restricting?

AG Navadgi: It can restricted under 19(2).

Justice Dhulia: Public order, morality, health.. under which head?

#SupremeCourt #Hijab
AG Navadgi: Everybody has a fundamental right but it can be exercised based on exceptions. The right to wear a Hijab in a public space is it a 19(1)(a) right or 21?

21 can be restricted.

#SupremeCourt #Hijab
Justice Dhulia: 19(1)(a) gives that right, and preamble gives that right.

AG Navadgi: When I enter an educational institution, I am governed by Education Act. The question of violation of fundamental rights does not come.

#SupremeCourt #Hijab
Justice Gupta: So, your argument boils down to Bachan Singh? Dominant object is education.

AG Navadgi: The assumed right under 19(1)(a) requires to be tested with much caution.

#SupremeCourt #hijabsange
AG Navadgi refers to Maneka Gandhi v Union of India.

Every activity which facilitates the exercise of a named fundamental right is not necessarily comprehended in that fundamental right nor can it be regarded as such merely because it may not be...

#SupremeCourt #Hijab
AG Navadgi continues, "..possible otherwise to effectively exercise that fundamental right.."

#SupremeCourt #Hijab
AG Navadgi: It has to be demonstrated that wearing of Hijab is a right to expression.

They have said it is part of faith.. it's not expression.

#SupremeCourt #Hijab
AG Navadgi: There are two or three decisions on autonomy given to educational institutions and the contours of judicial review.

#SupremeCourt #Hijab
AG Navadgi: The restriction is only inside the classroom. When it was asserted militantly that we want wear Hijab and retaliated by others.

I, as a principle, my concern was to run the school and bring children together.

#SupremeCourt #Hijab
AG Navadgi: In the facts of the case, there was a possibility of a public order issue. I don't want to import personal knowledge. As a citizen of the state, I was witness.

#SupremeCourt #Hijab
AG Navadgi: It was a group of students coming to school in Hijab, and banging the gates. Not just one student who came with Hijab.

Justice Dhulia: It started in one school and then spread?

AG: yes yes .

#SupremeCourt #Hijab
AG Navadgi: The ground reality was something else. It has never happened in Karnataka. It would be very difficult for me to bring on record certain aspects. There were some groups.. the action must be viewed from this.

#SupremeCourt #Hijab
AG Navadgi discusses Article 21, reads judgment in case of KS Puttaswamy v Union of India.

#SupremeCourt #Hijab
AG Navadgi: Can the right to wear a dress be a part of right to privacy and be exercised everywhere? The answer is not so simple.

#SupremeCourt #Hijab
AG Navadgi reads from the judgment in Puttuswamy: This answers Mr Sibal's query.

Justice Dhulia: Your are drawing parallels between buildings and..

#SupremeCourt #Hijab
AG Navadgi: Justice Nariman had said that this right to privacy has to be seen on a case to case basis.

#SupremeCourt #Hijab
AG Navadgi: This right to wear Hijab cannot be examined based on a general statement in Puttuswamy.

#SupremeCourt #Hijab
AG Navadgi reads, " In view of the foregoing discussion, my answer to Question 2 is that “right to privacy” is a part of fundamental right of a citizen guaranteed under Part III of the Constitution.."

#SupremeCourt #Hijab
AG Navadgi continues, "However, it is not an absolute right but is subject to certain reasonable restrictions, which the State is entitled to impose on the basis of social, moral and compelling public interest in accordance with law."

#Hijab #SupremeCourt
AG Navadgi summarises: The action of the State must be viewed from the language it contains. All we did was reiterate that the schools follow Rule 11.

#SupremeCourt #Hijab
AG Navadgi: This could have been overcome if there was a right under Article 25. Since it's not an ERP- it becomes an issue of student vs school, not student vs State.

#SupremeCourt #Hijab
AG Navadgi: A right to expression has not been established. My action cannot be tested in exception under 19(2).

Lastly, under Article 21- it has to be examined on case to case basis.

#SupremeCourt #Hijab
AG Navadgi: This is ultimately about a student's relationship with the school.

I deny that the State has acted against a particular religion.

#SupremeCourt #Hijab
Advocate General for Karnataka Prabhuling K Navadgi concludes his arguments.

Court breaks for lunch. Will hear ASG KM Natarajan at 2 pm.

#SupremeCourt #SupremeCourtofIndia #Hijab #HijabBan
ASG Nataraj: The petitioners entire case is based on the premise that they have an absolute right. The State has not touched any religious aspects, or issues.

Let me clarify Hijab is not banned.

#SupremeCourt #Hijab
ASG: The State has only prescribed that you can prescribe uniform which is religion neutral. We have neither prohibited or promoted any religious activity.

#SupremeCourt #Hijab
ASG: School is a secure place, and what is being carried out in school is a secure activity.

#SupremeCourt #Hijab
ASG takes court through Article 19.

#SupremeCourt #Hijab
ASG: Total free right can be given.. that is one way of looking at things.

Other way is, when you come to a secure institution- everyone has to come with uniform.

Classification based on religion is not permissible.

#SupremeCourt #Hijab
ASG: The positive state action has maintained Article 14.

Justice Dhulia: Please read Article 14.

#SupremeCourt #Hijab
Justice Dhulia: So, it also satisfies equal protection of law?

ASG: Yes. It's students as a whole has been made a class. Religion is not the basis.

#SupremeCourt #Hijab
Justice Dhulia: Equal protection of law has a different meaning.

ASG: Classification is permitted there. You have treat students as a class.

#SupremeCourt #Hijab
ASG: Otherwise what would happen is there would be chaos in educational institutions. One person will say Hijab, other will say gamcha. Secular institution is not meant to recognise any kind of religious symbols.

#SupremeCourt #Hijab
ASG: The state action promotes Article 14.

ASG takes court to Article 30: It is not a restricted right, it looks like it is an absolute right. There are no riders.

#SupremeCourt #Hijab
ASG: it's been held that notwithstanding this language, rights are not absolute.

#SupremeCourt #Hijab
ASG takes court to the Karnataka Education Act.

Justice Gupta: That's been put before us.

ASG: I will just show objects and reasons, and preamble.

#SupremeCourt #Hijab
ASG: Such affirmative action is not only permissible under Article 14, but also desired.

#SupremeCourt #Hijab
ASG cites judgments for the interpretation of the Articles put before court.

#SupremeCourt #Hijab
ASG: State has taken the step to promote oneness. Nobody can complain in this type of secular institutions. It's the need of the hour.

#SupremeCourt #Hijab
Justice Dhulia: In other words, you are preventing them to enter school because you're promoting national integration?

ASG: No, we are not preventing anyone. You follow prescribed uniform. Hijab may be an incidental question. We are not seeking out any religion.

#Hijab
Justice Dhulia: The net effect is that if someone wants to enter wearing a Hijab, you won't permit it? Say yes or no. Why won't you give a straight answer?

ASG: That school will decide. As a state we respect everything..

Justice Gupta: But that is outside school?

ASG: Yes.
ASG: When it comes to public places.. public can unite together.. certain restrictions have to be accepted keeping the constitutional ethos in mind.

#SupremeCourt #Hijab
ASG: Tomorrow a person can say burqa is an absolute right, and they go to airport and say I will not show my face.

Then one cannot say sacrifice is a religious right.

Can a Hindu come and perform hawan at India Gate or in court?

#SupremeCourt #Hijab
ASG: All religious rights have to be balanced. No one can say I have an absolute right.

#SupremeCourt #Hijab
ASG: It is a simple case of discipline in an institution. No religion or person has been discriminated against. All have been protected equally.

State concludes arguments.

#SupremeCourt #Hijab
Senior Advocate R Venkatramani appears for teachers-respondents: To project one right into another can be problematic. That's what's probably happening in many Constitutional issues.

#SupremeCourt #Hijab
Sr Adv Venkataramani: The contours of freedom of expression have a certain domains, relevance.

When a right to religion by itself comprehends every aspect of a religion, then you don't have to latch on to freedom of expression.

#SupremeCourt #Hijab
Justice Dhulia: Can you make it simpler?

Sr Adv Venkataramani: The varied constructional provisions in this case are not invokable.

Justice Gupta: That has always been a practice.

#SupremeCourt #Hijab
Justice Gupta: They are claiming a right under Part III, no matter which the Article.

#SupremeCourt #Hijab
Sr Adv Venkataramani: What is that that is offensive to Article 25? School is a unique public space where public order will go through metamorphosis and have a different connotation.

#SupremeCourt #Hijab
Justice Gupta request Sr Adv Venkataramani not to read.

Justice Dhulia: So, your argument is fundamental right outside school is there and inside school they will shrink?

Sr Adv Venkataramani: As long as provisions of Article 25 are transgressed it not..

#SupremeCourt #Hijab
Sr Adv Venkataramani: Article 25 has to be read in the school scenario. They are citing the Tandava case, or wearing the Kirpan.

Justice Dhulia: What's the teachers PoV?

#SupremeCourt #Hijab
Sr Adv Venkataramani: I want a free interaction with the students without any walls of separation.

Justice Dhulia: So, Hijab makes a wall of separation?

Venkataramani: A school must be free from all these elements, distractions.

#SupremeCourt #Hijab
Justice Dhulia: One can also say, this is an opportunity of being exposed to diversity. We have students for all cultures, religions. Be culturally sensitive towards them.

Sr Adv Venkatramani: How will we inculcate those values?

#SupremeCourt #Hijab
Sr Adv Venkatramani: Where will these assertions of identity stop?

Justice Dhulia: These students will be facing this world rich in diversity. In a way, it's an opportunity to inculcate these values.

#SupremeCourt #Hijab
Sr Adv Venkatramani: I work in an environment where individual assertions of identity can be a hindrance. Only in their absence can you begin to respect them. Teachers' hands will be tied.

#SupremeCourt #Hijab
Justice Dhulia: No one is claiming superiority.

Sr Adv Venkatramani: It is bound to happen. Therefore, the nature of school is very unique public space.

#SupremeCourt #Hijab
Justice Gupta: Mr Venkatramani, let us proceed, you submit your written submissions.

Sr Adv Venkatramani: Just a few more points.

#SupremeCourt #Hijab
Sr Adv Venkatramani: In a matter like Hijab, there is no conscience element. It's faith.

Justice Dhulia: How can you say that?

Venkataramani: It is entirely a Quranic, obligatory basis. It's all about religion, and nothing but religion.

#SupremeCourt #Hijab
Sr Adv Venkatramani: If those concepts are cleared, Article 35 gives a clear answer.

Once it falls within 25, to travel beyond 25 you need some other justification.

#SupremeCourt #Hijab
Sr Adv Venkatramani: In this case, is there an intent to discriminate? The answer is no.

#SupremeCourt #Hijab
Justice Gupta: We request you to conclude your arguments today. You give us a summary. We cannot read this whole 500 pages.

Sr Adv Venkatramani: The idea is to give a global scenario.

#SupremeCourt #Hijab
Sr Adv Venkatramani takes court through judgments of the European Court of Human Rights.

#SupremeCourt #Hijab
Justice Gupta: This is really not relevant today. Please.

Sr Adv Venkatramani: The concepts are the same. The question of faith, religion, manifestation can come in any jurisdiction whatsoever.

#SupremeCourt #Hijab
Sr Adv Venkatramani: I'm trying to point out is, Singapore has faced similar problems. There will be diversity issues in many of these countries.

#SupremeCourt #Hijab
Justice Gupta: We request you to give a summary.

#SupremeCourt #Hijab
Sr Adv Venkatramani: The concept of public order will certainly undergo a change in meaning and contours in the case of a school.

#SupremeCourt #Hijab
Sr Adv Ahmadi: This the first time there was a teacher's perspective.. is it their case that no religious symbol is allowed?

Court: That is what state has said very clearly.
Sr Adv V Mohana appears for an assistant professor: The question here is again and again religion. But the issue is about education.
Sr Adv V Mohana: We have to see it in the Indian cultural atmosphere. It is a state object to promote education. In furtherance of which the enactment has been made.

#SupremeCourt #Hijab
Sr Adv V Mohana: As a teacher it's my moral and legal duty to ensure that disciplined atmosphere is maintained.

#SupremeCourt #Hijab
Sr Adv Dama Seshadri Naidu: 50% of Nobel Laureates are from one religion.

In America, the most successful personalities have been born between Jan and March.

Please ask any conditioned mind, they will say there must be a reason.

#SupremeCourt #Hijab
Sr Adv Naidu: It's because that particular religion has delinked religion from learning. Those between Jan and March have a headstart.

Justice Dhulia: What is the point?

Sr Adv Naidu: The point is that as a teacher - I want a student who is not conditioned.

#Hijab
Sr Adv Naidu: I want students who are free to think, and once they come to me- I can teach them.

Justice Dhulia: Where are you, here or there?

Naidu: I'm nowhere! Because a teacher cannot have an ideology.

#SupremeCourt #Hijab
Sr Adv Naidu: Schools need to have a zero tolerance approach to uniforms. Learning is 360°

#SupremeCourt #Hijab
Sr Adv Naidu: My humble submission is that, let everyone bow down to the constitution.

#SupremeCourt #Hijab
AG Navadgi: We'll place the chargesheet in sealed cover.

Sr Adv Ahmadi: Why is anything in sealed cover?

Justice Dhulia: Why should we consider it? Let law takes it own course as far as this is concerned. Let's leave it at that.
Justice Gupta: We'll give you all one hour. We are losing our patience (laughs).

Hearing to continue tomorrow. Bench rises.

#SupremeCourt #SupremeCourtofIndia #Hijab #HijabBan

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Bar & Bench

Bar & Bench Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @barandbench

Sep 22
Bombay High Court hearing PIL pertaining to condition of roads and potholes in Mumbai Metropolitan Region.

#BombayHighCourt Image
CJ Dipankar Datta: We may pass orders, but work has to be done on the ground. Do you want to work or not? We do not want to send people to prison.

#BombayHighCourt
Court: Please ask Mr. Iqbal Chahal, BMC commissioner and administrator to come and meet us.
Before meeting us, he has to through his officers get a survey done of 20 most bad roads in Mumbai.

#BombayHighCourt
Read 11 tweets
Sep 22
#Breaking Delhi High Court is hearing a defamation suit by Delhi LG Vinai Kumar Saxena against AAP and its leaders Sanjay Singh, Atishi, Saurabh Bhardwaj and others.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi Image
The defamation suit relates to allegations of corruption by AAP leaders against Saxena while he was with KVIC.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi
Sr Advocate Mahesh Jethmalani appears for LG and informs the court that allegations are defamatory and malicious and made against a high constitutional authority without any documents or basis.
#DelhiHighCourt #LG @AamAadmiParty @BJP4India @LtGovDelhi
Read 55 tweets
Sep 22
CM Eknath Shinde faction of Shiv Sena has approached #BombayHighCourt opposing the petition of Uddhav Thackeray faction to approach High Court for orders to BMC to grant permission for #Dussehra rally.

@OfficeofUT @CMOMaharashtra @mybmc Image
Shinde faction application states that the Thackeray group has suppressed relevant facts about the existence of a dispute on who the real @ShivSena is.
The application seeks for a stay on the proceedings before High Court till Election Commission decides on the issue.
Meanwhile the main petition filed by Thackeray faction seeking permission from BMC will be heard by Bench of Justices RD Dhanuka and Kamal Khata shortly.

#BombayHighCourt
Read 9 tweets
Sep 22
Day 10: [Hijab Ban hearing]

The Supreme Court is set to resume hearing a batch of appeals challenging the Karnataka High Court verdict that effectively upheld the ban on wearing hijab in government schools and colleges.

#SupremeCourt #SupremeCourtofIndia #Hijab #HijabBan Image
A bench of Justices Hemant Gupta and Sudhanshu Dhulia concluded hearing the State and teacher's arguments yesterday. The appellants will put forth their rebuttals today.

#SupremeCourt #SupremeCourtofIndia #Hijab #HijabBan
Read 80 tweets
Sep 22
[EWS Quota: DAY 6]

Supreme Court Constitution Bench led by CJI UU Lalit continues hearing petitions challenging the constitutional validity of the 10% quota for the economically weaker sections (EWS).

Solicitor General of India Tushar Mehta to argue

#SupremeCourt #EWS Image
SG Mehta: Economic criteria should be considered by parliament has been said by this court time and again. 50 percent being not a fixed ceiling and that it cannot be taken to the level of basic structure is shown through the judgment. The 50% ceiling is not sacrosanct

#EWS
SG Mehta: A constitution amendment can be tested only on the ground that it destroys the “basic structure” of the Constitution itself. In other words, if such an amendment permitted to stand, the very foundational edifice of the constitution would fall.

#EWS
Read 50 tweets
Sep 21
#Breaking Delhi High Court restrains former coach of Indian women’s hockey team, Sjoerd Marijne, from issuing any statements or giving interviews in relation to the allegations he made against men's hockey captain Manpreet Singh.
#DelhiHighCourt #Hockey @manpreetpawar07 Image
High Court has also restrained Marijne from publishing excerpt of his upcoming book where he is making allegations against Singh.
#DelhiHighCourt #Hockey @manpreetpawar07 @SjoerdMarijne
An excerpt of the book was leaked to The Indian Express earlier where Marijne alleged that Singh had asked the team's young players to underperform on purpose so that his mates could get into the team.
#DelhiHighCourt #Hockey @manpreetpawar07 @SjoerdMarijne
Read 4 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!

Ethereum

0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy

Bitcoin

3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us on Twitter!

:(