BENGALURU: Justice Krishna S Dixit of the Karnataka High Court on Wednesday referred the matters pertaining to the hijab row to the Chief Justice Ritu Raj Awasthi for constituting a larger bench to hear them. This was after hearing the arguments of the petitioners' counsel as well as the Advocate General on the issue.
"All these matters have given rise to certain constitutional rights in the light of some aspects of personal law. The judgments of three high courts have been cited and more than half a dozen judgments of apex courts have also been referred to. This matter was very passionately argued yesterday by both the sides for some time from which the judge has benefited," Justice Dixit said in the order.
"Considering the enormity of importance of the questions that are debated, the court is of the considered opinion that the papers be put in the hands of the Chief Justice to consider if a larger bench can be constituted on the subject matter," Justice Dixit added.
Justice Dixit noted that attempts were made both by the petitioners and by the Advocate General, representing the state, in relation to interim prayers. Even interim prayers merit considerations at the hands of a larger bench that may be constituted by the Chief Justice at his discretion and therefore arguments advanced in the interim prayers are reproduced here, lest such reproduction prejudiced either side at the hands of the larger bench. In the above circumstances, the registry is directed to place the papers before the Chief Justice immediately regarding the urgency pleaded in the matter. It is open to the petitioners to seek interim relief after a decision is taken by the Chief Justice, he said.
When the matter was taken up for hearing in the afternoon, Justice Dixit hinted at referring the matter for a larger bench considering the issue. However, the counsel of the petitioners urged the bench to pass the interim order.
Opposing the interim order, Advocate General Prabhuling K Navadagi submitted that passing an interim order amounts to a final order in favour of the petitioners. The issue is taking a twist every day and all eyes are at the court. Therefore there is extreme urgency so that the court passes the final order at the earliest, he argued.
Justice Dixit on Tuesday requested the student community and public at large to maintain peace and tranquillity, while adjourning the hearing for Wednesday.
The petitioners-students from Udupi district have challenged the order passed by the state government on February 5, 2022 prescribing the uniform in school and college campuses. The government issued the order as controversy erupted over students being denied entry for wearing hijab in Udupi. Later, the issue spread to different parts of the state with other students coming to college wearing saffron shawls.
Earlier, following protests at educational institutions across the state, the Bengaluru city police prohibited any gathering within a radius of 200 meters at schools and colleges for two weeks.
Protests in Kolkata
The Karnataka hijab controversy spread to Kolkata on Wednesday after a group of around 300 Muslim students of Aliah University’s Park Circus campus took out a protest march wearing hijab and holding placards expressing their solidarity.
The protesting students walked along the roads at Park Circus seven-point crossing holding placards displaying slogans Hijab Amar Sangbidhanik Adhikar (Wearing hijab is my constitutional right) and Rakta Chai Rakta Nao, Amader Adhikar Phiriye Dao (If you want take my blood, give me my rights).
"Wearing hijab is my constitutional right and no one can snatch it. We will be coming to the institution wearing hijab. We all are with the girls in Karnataka," said Shabnam Banu, a student of the university.
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