Thread by @barandbench

[HIJAB VERDICT]

#SupremeCourt to shortly deliver judgement on petitions challenging the Karnataka High Court verdict dismissing a batch of petitions filed by Muslim girls studying in pre-university colleges seeking right to wear hijab in classrooms

#Hijab #HijabBan

Karnataka HC had upheld an order of the State government which suggested that wearing #hijab can be restricted in government colleges where uniforms are prescribed, and ruled that such curbs under norms for college uniforms are “constitutionally permissible”.

Read who argued what before Justices Hemant Gupta and Sudhanshu Dhulia: #SupremeCourt #Hijab

barandbench.com/news/litigatio…

Justices Hemant Gupta and Sudhanshu Dhulia to deliver separate judgments. Bench to assemble shortly
#Hijab #SupremeCourt

Justice Hemant Gupta: there is divergent of opinion. in my order i have framed 11 questions. first is whether appeal should be referred to constitution bench

#Hijab #SupremeCourt

Justice Gupta: whether college management can take a call on uniform of students and if wearing of #hijab and restricting it is violative of article 25. whether right under article 19 and article 25 is mutually exclusive. whether govt order infringes upon the fundamental right

Justice Gupta: can student exert her fundamental right, is wearing right a part of essential religious practice under Islam, whether govt order serves purpose of access of education: the answer according to me IS AGAINST THE APPELLANT. I DISMISS THE APPEAL

#hijab #supremecourt

Justice Hemant Gupta dismisses the appeal.

Justice Dhulia: I HAVE SET ASIDE THE KARNATAKA HC ORDER AND QUASHED THE GOVERNMENT ORDER

#hijab

Justice Dhulia: venturing into ERP was not needed and the court took a wrong way. it was just a question of choice. I have held the ratio in bijoy emmanuel squarely covers the case. one thing which was topmost for me was education of girl child #hijab

Justice Dhulia: a girl child in areas does household work and chores before going to school and are we making her life any better by doing this. I have respectfully differed. this was a case only dealing with Article 19, and 25. #hijab

Justice Gupta: In view of divergent opinion, let the matter be placed before the CJI for appropriate directions

#hijabban #hijab #supremecourt

Advocate Ejaz Maqbool and SG Tushar Mehta joins lawyers in wishing Justice Hemant Gupta a pleasant retirement. Justice Gupta demits office tomorrow. #hijab #supremecourt