Justice Krishna S. Dikshit’s single bench also urged the student community to maintain peace in the state. Court will hear the matter at 2.30 pm on Wednesday
Meanwhile, in view of the volatile situation in the state in the backdrop of the hijab crisis, the BJP government has declared a three-day holiday for schools and colleges from Wednesday. Chief Minister Basavaraj Bommai has requested the students to wait till the court order and not get agitated. “I appeal to all students, teachers and management of schools and colleges as well as people of Karnataka to maintain peace and harmony. I have ordered closure of all high schools and colleges for the next three days. All Concerned are requested to cooperate,” he said.
During the hearing on Tuesday, the bench asked the counsel to summarize his arguments and said that the arguments and counter arguments cannot be heard till the end of the academic year.
Justice Dixit has also observed that the court has faith in the discretionary power of the public and the students.
Advocate General Prabhuling Navadgi, appearing for the government, will present his arguments before the bench on Wednesday. However, the bench did not accept their request for an interim order to stay the protests till the matter is heard by the court.
Counsel for the petitioners seeking permission to wear the hijab submitted to the court that the Kerala High Court judgment, the judgment against wearing the hijab, pertains to the issue of a Christian college, and has nothing to do with the Karnataka case.
“Religious rights are equal rights of students. The state government has referred to the Bombay High Court judgment in the Fatima Saeed case. In that case, Fatima had sought relief from the Bombay High Court as she was not allowed to attend the college. Hijab The court had ruled against her appeal as it was a girls’ college. It cannot be meant here as the state government has implemented the rule in all the colleges,” said the petitioner’s counsel Devdutt Kamat.
“Hijab is an integral part of Islam. It is used to cover the neck and hair. All Muslim scholars have agreed on this fact. The government can say whether it is right or wrong to wear hijab but it does not allow students to wear hijab. Can’t stop wearing it. If the government wants, can give color to the issue. All religions can be dubbed in a certain way. The government is giving color to the hijab issue on the pretext of maintaining law and order. If a Sikh is wearing a turban, a Brahmin has applied tilak, how was the law and order situation affected?” he questioned.
He said, “Can anyone stop wearing tilak if they feel bad? Wearing hijab to sit in a separate room is a violation of fundamental rights. Article 14 is there for our safety. Everyone is equal before the law. ” ,
At this stage, Advocate General Navadgi objected and said that the advocates are making allegations without any basis and it can prove to be dangerous for the society. He said that no one should make statements that indicate that all hijab-wearing students are being attacked.
Kamath said it was “religious untouchability” and filed a separate affidavit on that matter. He also asked the public prosecutor not to take away his right to freedom of expression. Citing decisions from Malaysian and US courts, he insisted that a comprehensive decision to ban the protests would be against Article 19 of the Constitution.
At this point, the bench observed that it is important to see whether the same sentiments prevail here, while the judgments of foreign countries are being cited.
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