Hijab Row highlights: Karnataka HC concludes hearing, reserves its judgement

The Karnataka High court resumed hearing on the hijab row. On Thursday, the Court asked the counsels to wind up their arguments by Friday as it indicated that it will shortly deliver the order. Stay tuned for more updates.

The Karnataka High Court has reserved its judgment on hijab controversy. The three judge full bench concluded hearing on Friday

Karnataka HC reserves judgement

Court tells Balakrishna to ask aggrieved people to make complaints to appropriate authorities and dismisses the petition

Balakrishana : Please look at the screenshots.

CJ : You make a complaint to authorities they will act on it.

Justice Dixit: There are various acts protecting children and women, use of that not in the form of PIL. Have you given any representation?

Balakrishna : My grievances is that media houses be restrained to not interfere with my right to privacy. Media is showing shots of students and teachers removing burqa and showing 24/7.

CJ: Where is that?

Balakrishna : CD I have produced.

CJ : CD we can't play.

CJ : Are the visuals showing that students are being chased?

Balakrishnana: This is a case of child abuse. In Tumkarau a child was chased by a policeman.

CJ : What is your grievance?

Balakrishna: A girl is walking for hardly 14 to 15 years is chased by media persons. A teacher was chased. Is that the order passed by the court? It applies only to the classrooms.

CJ: What is the material to show this?

Balakrishna: I have produced the CD with 65B certificate

I can wear burqa or hijab till the gate of the college, I can enter the college, mover around, in the college, lordships order is confined to classroom: Kulkarni

Adv Balakrishna now makes submissions in PIL seeking to restrain media from taking videos and pictures of girls removing hijab at college gates. He points out students in PU College are minors.

CJ Awasthi denies Kulkarni's request for an interim order, says final order will be passed

Kulkarni prays for an interim order allowing students to wear hijab at least on Fridays and during Ramzan.

CJ: We are in the midst of final hearing, no question of interim order, we will pass final order.

A highly inflammable of atom bomb of hatred is in the society a simple spark by vested interests: Kulkarni

As per Holy quran, hijab is practised since years: Kulkarni

Constitution of Turkey or any other countries need not be imbibed. Our Constitution is supreme, it is the Bhagavad Gita, Holy Quran, Holy Bible, Holy Guru Grant Sahib: Kulkarni

Dr Vinod Kulkarni now makes submissions in his PIL

"By not wearing hijab, public disorder is seen in our state, riots are seen, recent murder in Shivamogga. Wearing of hijab is not against public order"

Giving control to the MLA is an anachronism. MLA should be made accountable to somebody. This has been hijacked by the Govt circular. That is the crux of this: Kumar

Kindly test the validity of this exercise on test laid down by the SC. There is no control over the MLA, he acts like a monarch in the college. Can the Principal question him? The MLA should be held accountable: Kumar

The issue of entrusting MLA with executive function is not res-judicata. Kumar refers to Supreme Court judgment in Bhim Singh cases which upheld MPLADs. He says SC upheld it as MPs only had recommendatory powers: Kumar

Absolute power is given to the MLA. The college is given on a platter to the MLA, who is a political man.Principal is only there to implement decision of MLA: Kumar

Another thing Mr Poovayya has out is that Local MLA sharing power conferred is not contrary constitutionally. Kindly see the composition of CDC. President will be local MLA, Nominee no 1, is Vice President who is local rep of MLA. Four nominees of members:Sr Adv Professor Ravivarma Kumar

Justice Dixit says bench is not satisfied with the AG's statement that the circular delegating power to CDC can be traced from the removal of difficulties clause

Sr Adv Professor Ravivarma Kumar now makes rejoinder

"AG has sought to say that order of delegating power to CDC is not to be derived from any specific provisions, but he said it could be derived from removal of difficulties clause".

AG had stated that what is stated in Quran is not obligatory has been contradicted in Shayra Bano case. Whatever is stated in Quran, Hadith & Ima must be obeyed. Thats all: Mucchala

Here, the faith and belief is that she should dress in conjunction with what is stated in Quran and wear hijab. Lordships should respect that: Mucchala

Mucchala refers to the observations in Ayodhya case that the Court should be cautious not to enter into theological discussions and should only see if the faith and the belief of the worshipper is genuinely held.

"..it is inappropriate for this Court to enter upon an area of theology and to assume the role of an interpreter of the Hadees. The true test is whether those who believe and worship have faith in the religious efficacy,"Muchhala quotes this passage from Ayodhya judgment.

Mucchala refers to Justice Nariman's judgment in Sabarimala case

Mucchala refers to Justice Nariman's judgment in Sabarimala case: "The Court should take a commonsensical view (on what is essential practice)". We are only keeping a piece of cloth. Therefore lordships may not go into these questions of what is hijab, abaya, khimar, ghoongat

The thing is even hadits also shows that face need not be covered but hijab should be worn. There is enough religions traidtions, govt has admitted this in their reply: Muchhala

Mucchala quotes scholar Mohammed Pictkhall to say true Islamic tradition requires veiling of the head. This is quoted with approval by the State in its reply

Our stand is that ERP is not necessary so far as considering my plea, but if court feels ERP is required to be considered then I fully support Mr Kamats submissions: Muchhala

If it is a bonafide practice of conscience, it should be allowed under Art 25: Muchhala

Muchhala: If it is a bonafide practice of conscience, it should be allowed under Art 25. It is not necessary to consider if it is an essential religious practice or not.

CJ: We remember your argument. Please don't repeat.

Muchhala: I am just reminding.

We have been wearing headscarf, it is a piece of cloth covering the head not the face, it should be permitted to use it. It is not right for college to prevent us from doing that: Muchhala

Mucchala points out that the petitioners have not sought for a general declaratory relief and have sought for quashing of the GO and permission for them to attend classes with hijab

Sr Adv Yusuf Muchhala seeks to make his rejoinder.

Sr Adv Yusuf Muchhala says, "Mr.Kamat has made an exhaustive reply to learned AG and other senior counsels. We fully support what has been said by him. I just want to add a few things. I will be brief."

CJ Awasthi says court will rise at 4 pm

Karnataka High Court resumes hearing

Cong is worried about education of children irrespective of their dress: DKS

I don't know why court is taking such a long time. They should come up with whatever solution they have. As far as Congress is concerned, we're worried about education of children irrespective of their dress. Govt shouldn't interfere in it: KPCC chief DK Shivakumar on Hijab row

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Sikh girl told to remove turban by Bengaluru college

An Amritdhari (baptised) Sikh girl was asked by her college here to remove her turban, following the Karnataka High Court's interim order on the Hijab row. The Karnataka High Court, in its recent interim order pending consideration of all petitions related to the hijab row, restrained all the students in the state from wearing saffron shawls, scarves, hijab and any religious flag within the classroom.

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HC interim order not applicable on turban-wearing students: BC Nagesh

In a relief to the Sikh community students wearing Turban, the state government on Thursday clarified that the high court’s interim order while hearing the petitions pertaining to the Hijab is not applicable to the Sikh community students.

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No such restrictions: Sisodia on girl's allegation of being asked to remove hijab in school

A day after a Delhi government school student alleged that she was asked to removehijabby her teacher, Deputy Chief Minister Manish Sisodia said no such restrictions have been imposed and the issue is being politicised by some people.

At a press conference, Sisodia, who also holds the education portfolio, said the AAP dispensation respects all traditions and students from all religions and castes are treated with dignity at its schools.

The comments came after a girl from a Delhi government school in Mustafabad alleged that she was asked to remove her headscarf at school. The girl made the allegation in a video that went viral on social media.

"Delhi schools have an excellent teaching arrangement for students. About this incident... attempts are being made to politicise the issue. In our schools, students of all religions and castes are treated with dignity. There are no restrictions from our side and their traditions are respected," Sisodia said in response to a question.

Rahul Gandhi asks party leaders to avoid talking on hijab row

Congress leaderRahulGandhi on Thursday advised the party’s state leaders to avoid wading into the hijab controversy till the court gives its final verdict.

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Hijab row: State’s power to interfere with ERP is restricted, says Karnataka HC

Senior advocate Devadatt Kamat on Thursday argued that an essential religious practice (ERP) is a restriction on the state’s right under Article 25 (2) of the Constitution.

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