Hijab row: HC refers the petitions to larger bench
After hearing both the parties, justice Krishna B. Dixit has referred petitions for a larger bench. Single bench has transferred the petition to the Chief Justice for constitution of a larger bench.
The Karnataka High Court on Wednesday referred the batch of petitions to a larger bench a batch filed by Muslim girl students seeking wearing of hijab in the colleges.
Justice Krishna S. Dixit has observed that since petitions has involved larger issues including constitutional matter.
"I feel this matter requires consideration of larger bench. The wisdom emanating from neighbouring High Court judgments needs to be treated," the Court said.
"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 Krishna Dixit mentioned in the order..
"The wisdom emanating from neighbouring HC judgments needs to be treated. If you feel and all agree I can do this befoer referring the petitions for a larger bench, " Justice Dixit observed.
Senior advocates Sanjay Hegde and Devadatta Kamat representing the petitioners requested the court to grant an interim order allowing the students to attend the classes.
"They have only two months (of the academic year) left. Do not exclude them...we need to find a a way that no girl child is deprived of education...Today what is absolutely important is that peace comes, Constitutional fraternity returns to the college. No heavens will fall for two months...", Mr. Hegde contended.
Appearing for a college development committee, Senior Advocate Sajan Poovayya, however, contended that court can decide the matter after hearing all parties.
Senior Advocate Devadatt Kamat appeared for one of the petitioners argued that Wearing of head scarf (not burqa or veil) is an essential part of Islamic religion. Wearing of hijab is protected by right to expression under Article 19(1)(a) and can be restricted only on grounds under Article 19(6).
Wearing hijab is a facet of the right to privacy recognised as part of Article 21 by Puttaswamy judgment of Supreme Court.
Government order is outside the scope of the Karnataka Education Rules and State has no jurisdiction to issue the same, Bar and Bench reported.