Karnataka Hijab Row: High Court refers case challenging hijab ban to a larger bench

NEW DELHI: The single judge of the Karnataka High Court hearing the case related to the Hijab ban in school-college campuses referred the matter to the Chief Justice Ritu Raj Awasthi on Wednesday with a view that the CJ may decide on constituting a larger bench to look into the case.

"Having regard to the enormity of questions of importance which are debated, the court is of the considered opinion that the papers be put at the hand of CJ to decide if a larger bench can be constituted in the subject matter"- Justice Dixit said, as per Live Law report.

The Karnataka High Court on Tuesday appealed to the students and people to maintain peace and tranquility as the hijab row escalated in parts of the state. After hearing the petitions filed by some students studying in a Government Pre-University College for Girls in the coastal town of Udupi, the matter was posted for Wednesday.

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The petitions sought a declaration from the Court that they have a "fundamental right to practice essential religious practices, including wearing of Hijab as per Islamic faith, on the college premises," the single bench of Justice Krishna S Dixit said.

Asking people to have faith in the Constitution, Justice Dixit observed that only some mischievous people were keeping the issue burning. He also pointed out that agitations, sloganeering and students attacking each other were not good.

Hijab Controversy

Earlier, Advocate General Prabhuling Navadgi pleaded before the Court to pass an interim order that there should be no public protests or demonstrations in the state. Advocate Devadatt Kamat appearing for the petitioner-students who wanted hijab to be permitted, too agreed with Navadgi.

During the argument of the case, Kamat prayed for an interim order to allow the girls to attend classes with headscarves since the exams were approaching.

Kamat claimed that the February 5 order that mandated the students of government institutions to stick to their school uniform as prescribed by the department and banned wearing any cloth that disturbed peace, harmony and law and order, was against the fundamental rights enshrined in the Constitution.

Pointing out that some hijab-clad students were allowed inside the school premises but were made to sit separately, he termed it as 'religious apartheid'. To this, Navadgi objected saying such statements will have far-reaching consequences.

Since end of December last year, students protesting against their schoolmates wearing hijab started coming to a college in Udupi wearing saffron scarves. The hijab-versus-saffron scarves issue then spread to some other institutions in other parts of the state such as Chikkamagaluru, Shivamogga, Hassan, Chikkaballapura, Mandya, Kalaburagi, Bagalkote, Belagavi and Vijayapura.

In view of deteriorating law and order in some educational institutions, Chief Minister Basavaraj Bommai ordered closure of high schools and colleges for the next three days in the state.