The Supreme Court on Friday declined to intervene into ongoing hijab row in Karnataka, saying it should not be brought to the national level and if there is constitutional rights violation of anyone, the top court would intervene at the appropriate time.
A bench presided over by Chief Justice N V Ramana orally told the counsel of petitioner, challenging the Karnataka High Court interim order in the Hijab matter, to think whether it is proper to bring the issue at the national level.
Senior advocate Devadutt Kamat mentioned the plea challenging the Karnataka High Court's Thursday order to students not to insist on wearing religious attire.
Kamat submitted that High Court restrained the students from disclosing their religious identities, which leads to suspension of Article 25 and this will lead into larger consequences.
"The High Court is already hearing the matter,” the bench said.
Solicitor General Tushar Mehta, for his part, said that the High Court order has not come out so far and it should be allowed to decide the issue. He that the matter should not be made religious and political. On this, the Chief Justice told petitioners counsel, “Don’t spread these things to a larger level… We don’t want to express anything on it”.
“We are watching it and we know what is happening. Think if it is proper to bring it to the national level," he asked.
The Chief Justice said if there is constitutional rights violation of anyone it would intervene at the appropriate time and it is its responsibility to protect constitutional rights of everyone.
Dr J Halli Federation of Masajids Madaaris and Wakf Institutions, in its petition, contended that the High Court's interim order created a distinction between Muslim and non-Muslim female students and directly hit at secularism, a part of the basic structure of the Constitution.
"The right to wear hijab falls under right to expression under Article 19(1)(a), right to privacy and freedom of conscience under Article 25. The same cannot be infringed upon without a valid law," the plea said.
It said the students concerned have to appear in practical examinations on February 15 and any interference on their access to institutions would impede on their right to education.
It asked the top court to stay the High Court's interim order till the disposal of the petition filed before the High Court against the state government's decision.
A three-judge bench of Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice J M Khazi had passed the oral observations and posted a batch of petitions questioning ban on Hijab for consideration on Monday.
"We will pass an order. Let the schools-colleges start. But till the matter is resolved, no student should insist on wearing religious dress,” the Chief Justice had said.
A group of students' insistence to wear hijab was resisted by the college administration, triggering reactions from others to wear saffron shawls.
On Thursday, on a plea to transfer pending matters from to High Court to the top court, a bench presided over by Chief Justice of India N V Ramana said, "Why should we jump in? Let High Court first decide the matter."
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