The Supreme Court has rejected a plea seeking an urgent hearing of the plea challenging the Karnataka High Court’s interim order in the Hijab ban case. SC has stated that the court is hearing it already on an urgent basis and there is no need to spread it to larger levels. The Apex Court noted that even the final order by the HC has not come out.
As of now, the SC has refused to interfere in the hijab case, stating that the Karnataka HC is already hearing it.
BREAKING:#SupremeCourt refuses to interfere in the #HijabBan matters as #KarnatakaHighCourt is already hearing. Devadatt Kamat, Senior Advocate mentions it. CJI says “We can’t do anything now, don’t spread it to larger levels. We will interfere at appropriate time.” #HijabRow
— LawBeat (@LawBeatInd) February 11, 2022
“We know what is happening in State, do you think we should take to a high level, these issues. We will take it up at the appropriate time. For all other same matter, same order.” said Chief Justice of India NV Ramana responding to the plea.
Hijab Ban – ‘We Also Know What Is Happening In The State, We Will Hear At Appropriate Time’ : CJI On Plea For Urgent Hearing @Shrutikakk https://t.co/57hpO0Rw2W
— Live Law (@LiveLawIndia) February 11, 2022
The interim order passed by the Karnataka High Court on Thursday, which restrains students from wearing hijab or any religious attire and follow the school’s uniform dress code to attend classes, was challenged in the Supreme court. A student filed the special leave petition, claiming that the interim order by the Karnataka HC violates the rights of the Muslim students.
Karnataka High Court’s February 10 interim order to restrain students from wearing hijab or any religious attire till the matter is pending with the court has been challenged in the Supreme Court.#HijabRow pic.twitter.com/5ttKnI4zN9
— ANI (@ANI) February 11, 2022
The petition also requested an ex-parte ad-interim stay of execution of the proceedings in the matter currently before the High Court passed by a Co-ordinate Bench, in addition to an ex-parte ad-interim stay of execution of the challenged order dated 10th of February, 2022 passed by the High Court.
As per the petitioner, the High Court attempted to curb Muslim student-basic women’s freedom to wear the hijab while pursuing their education by the contested ruling.
Karnataka High Court Order
On Thursday, the Karnataka High Court had issued a preliminary ruling in the Hijab ban case, instructing students not to wear anything religious till the case is resolved.
Chief Justice Ritu Raj Awasthi and Justices Krishna S Dixit and JM Khazi stated they will issue an order on Monday. However, the students and stakeholders will not wear any religious garments or headdresses while the case is underway, as per the Court.
Recently, Congress leader Kapil Sibal tried to move the Supreme Court in the recent hijab dispute on Thursday. Sibal’s petition requested that the matter be transferred from the Karnataka High Court to the Supreme Court, where it would be heard by a panel chaired by the Chief Justice of India (CJI). The apex court, however, had rejected the appeal.
Karnataka hijab controversy
Recently, some Muslim students from the PU College in Karnataka filed a petition in the High Court to allow them to attend classes wearing Hijab. They were denied entry into classes because the college management stated that the hijab is not part of the uniform and it cannot be allowed in classes. Since then, the ‘students’ have been protesting while wearing burqas.
