Karnataka student moves SC against HC's interim order on hijab issue

The appeal in the Supreme Court contended that the High Court has sought to curtail the fundamental right of Muslim students by not allowing them to wear the hijab.
Juxtaposition of hijab-clad students in the foreground and the Supreme Court in the background
Juxtaposition of hijab-clad students in the foreground and the Supreme Court in the background
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An appeal has been filed in the Supreme Court challenging the interim direction of the Karnataka High Court that has asked students not to insist on wearing any cloth on campuses of educational institutions which can instigate people, till the matter is resolved. The plea, filed by a student, has sought a stay on the interim direction of the High Court, which is hearing the hijab issue, as well as the proceedings going on before the three judge bench.

The appeal contended that the High Court has sought to curtail the fundamental right of Muslim students by not allowing them to wear the hijab. The High Court has posted the matter for Monday, February 14, and also said educational institutions can resume classes for students. The three-judge full bench of Chief Justice Ritu Raj Awasthi, Justice J M Khazi and Justice Krishna S Dixit, which was formed on Wednesday, also said it wants the matter to be resolved at the earliest but till that time peace and tranquillity is to be maintained.

"Till the disposal of the matter, you people should not insist on wearing all these religious things," CJ Awasthi had said. "We will pass an order. Let the schools and colleges start. But till the matter is resolved, no student should insist on wearing religious dress", he had said.

On Wednesday, Justice Dixit, who was hearing the case, referred the case to Justice Awasthi's consideration with a view that a larger bench may look into the case.

The Karnataka government on Wednesday had announced a three-day holiday for high schools and colleges in the state, after violence broke out at protests against the hijab ban in educational institutions. After the High Court’s announcement on Thursday, Chief Minister Basavaraj Bommai said that schools for classes 8, 9 and 10 will reopen from Monday, February 10. A decision on reopening colleges will be taken soon, he said, adding that students must not wear any kind of religious clothing to campus.

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