Hijab row: HC may refer plea to larger bench
Single bench judge Krishna Dixit said that he would refer the matter for a larger bench to adjudicate since it involves constitutional issues. Petitioners seeking interim order, but Advocate General opposes for the same
Bengaluru: High Court has resume the hearing of the petitions seeking wearing of hijab in the colleges.
While resuming the hearing, a single bench Justice Krishna Dixit suggested that if parties agree, he will refer the case to a larger bench, since constitutional issues are involved in the petition.
Petitioner’s advocate Sanjay Hegde argued that it was left to the discretionary power of the judge whether refer to a larger bench or not. However, the judge said that he will refer the petitions to a larger bench if only all parties agreed.
Petitioners advocates contended that since the matter is of utmost urgency, the matter has to be resolved at the earliest. Since final exams are approaching, the court has at liberty to allow the students to wear hijab to attend the classes till the matter is disposed of.
Advocates are divided for Justice Dixit's suggestions, Advocate General Prabhuling Navadgi also opinioned that it is left to the bench regarding referring the matter to a larger bench.
However senior advocate appearing for petitioners, Sajjan Poovayya argued that it is not necessary to refer the case to a larger bench.
Kaleshwaram Raj who also appears for petitioners from Kerala said that there is no need to refer large bench since many high courts have dealt with the identical matter earlier.
Mr. Sanjay Hegde argued that there is no need to refer the case to a larger bench, it is a matter of education of the students, he argued.
Mr. Devadatt Kamat appearing for the students of Kundapura Bhandarkar’s college requested the court to pass an interim order allowing students to wear hijab for till the completion of the academic year which will be ended in March 2022. Then the court can