Hijab ban in classroom: SC refuses urgent hearing on plea against Karnataka HC order

A bench comprising Chief Justice NV Ramana and Justice Krishna Murari denied the request of senior advocate Devadatt Kamat who mentioned the matter seeking urgent listing saying that examinations are going on.
File photo of the Supreme Court building
File photo of the Supreme Court building
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The Supreme Court on Thursday, March 24, refused to accord urgent hearing on the pleas challenging the Karnataka High Court verdict which dismissed the petitions seeking permission to wear hijab inside the classroom and stated that the headscarf is not a part of the essential religious practice in Islam. A bench comprising Chief Justice NV Ramana and Justice Krishna Murari denied the request of senior advocate Devadatt Kamat who mentioned the matter seeking urgent listing saying that examinations are going on.

"Exams have nothing to do with the issue," the bench said. Solicitor General Tushar Mehta submitted that they are repeatedly mentioning the matter. "Mr SG, can you wait," the apex court said, while asking Kamat not to sensationalise the issue.

"These are girls...the exams are from March 28. They are being prevented from entering the schools. One year will go," Kamat said. The apex court, however, did not accede to the request.

On March 16, the apex court had agreed to list for hearing after Holi vacation the pleas challenging the Karnataka High Court verdict which dismissed the petitions seeking permission to wear hijab inside the classroom saying it is not a part of the essential religious practice in the Islamic faith.

It had taken note of the submissions of senior advocate Sanjay Hegde, appearing for some students, that urgent hearing was needed keeping in mind the upcoming examinations. Some petitions have been filed against the full bench High Court verdict which held that wearing hijab is not a part of essential religious practice in the Islamic faith under Article 25 of the Constitution.

The High Court had dismissed the petitions filed by a section of Muslim students from the Government Pre-University Girls College in Udupi, seeking permission to wear hijab inside the classroom. The prescription of school uniform is only a reasonable restriction, constitutionally permissible which the students cannot object to, the High Court had said.

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