NEW DELHI: The Supreme Court on Wednesday 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 Islamic faith.

A bench comprising Chief Justice NV Ramana took note of the submissions of senior advocate Sanjay Hegde, appearing for some students, that urgent hearing was needed keeping in mind the upcoming examinations.

“The urgency is that there are many girls who have to appear in examinations,” the senior lawyer told the bench which also comprised Justices AS Bopanna and Hima Kohli. “Others also mentioned, let us see…we will list after the vacations. Give us time,” the CJI said.

Some petitions have been filed against the full bench high court verdict on the case in which it was held that wearing hijab is not a part of essential religious practice in Islamic faith under Article 25 of the constitution.

The high court 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 said.

UDUPI: As the Karnataka High Court pronounced the much expected verdict on Tuesday on hijab row stating wearing hijab is not an essential religious practice, the students who faced the setback after challenging the ban on wearing hijab inside classrooms have decided to wait and watch before arriving at their decision.

Asked whether Ayesha and others will go to college when the ban on hijab inside classrooms has to be followed now strictly as per High Court order, sources said she has not yet decided on that aspect.

Another student petitioner Aliya Assadi had on Monday, a day before the high court verdict had tweeted “Tomorrow is a verdict day and Hope that justice will be served to the students who were struggling for their fundamental rights. Hopefully once again we’ll be getting back to our normal educational life. Lets pray harder to Almighty. Indeed, he the best planner” (sic).

She was not available for comments on the verdict. Meanwhile, Athaulla Punjalukatte, state president of CFI told that High Court has passed an order, but the students who fought for their right to wear hijab have not got the justice. ”It is unconstitutional to delay the rights of the students, so we will go for continued legal fight,” he said.

Tight police protection was provided near Women’s Government PU College, Udupi, on Tuesday. It is the six students from this college who had challenged the ban on hijab inside classrooms before the High Court, Karnataka.

Udupi Deputy Commissioner Kurma Rao had on Monday declared holiday for schools and collegesin Udupi district on Tuesday, as the High Court was expected. Rao had said prohibitory order clamped under section 144 of CrPC in the 200 meter radius of educational institutions will continue to be in effect in areas around al Pre University Colleges and Degree Colleges.

BENGALURU: Karnataka chief minister Basavaraj Bommai appealed students not to skip classes and also exams. “It is question of your future, education is very important,” he said.

Speaking to reporters, Bommai said that the order by government is upheld and said that hijab is not part of essential practice of Islamic and that everyone has to follow the high court order. He also appealed to people to maintain peace while implementing the order. “I also appeal to all religious heads, parents and students to maintain peace,” he said.

When asked about students boycotting exams in this season, the chief minister requested them not to skip exams as “future is important more than anything”. He said that they have already made arrangements to maintain and order. “If anyone tries to violate the law, action will taken against them,” he said.

Meanwhile, the state government is also looking to bring amendments in the law. Primary and secondary education minister BC Nagesh said that the lacunae in the Karnataka Education Act will be set right. “Uniform helps to bring everyone to the National Mainstream,” he said .

AURANGABAD: The Vanchit Bahujan Aghadi moved the Bombay High Court after the police denied permission to felicitate Muskan Khan, who became famous during pro-Hijab protests in Karnataka, in Aurangabad city in Maharashtra, VBA leader Prakash Ambedkar said on Monday.

“Though the police denied us the permission to felicitate Bibi Muskan Khan in Aurangabad, we are hoping to felicitate her after March 22 when the order of the high court is expected,” Ambedkar told reporters.

The Vanchit Bahujan Aghadi and the Muslim Ittehad Front wanted to felicitate Khan and her family members in Aurangabad but the police didn’t allow us, he said.

“The VBA moved the Aurangabad bench of the Bombay HC after permission was denied by the police,” Ambedkar said.

He said the police have been directed to submit their stand in the HC by March 22.

Muskan Khan, a girl student from Karnataka, became the face of pro-Hijab protests across India.

In a video that had gone viral, she was seen shouting religious slogans when heckled by a group of saffron-clad students for wearing hijab.

Meanwhile, Ambedkar criticised Maharashtra opposition leader Devendra Fadnavis over the pen-drive submitted by him in the Assembly last week.

Fadnavis had claimed that the pen-drive contained several hours of footage of political conspiracies being hatched by some MVA leaders to frame him and other BJP leaders in false cases.

“Fadnavis should have submitted the pen drive to people if he is a true whistleblower,” he said.

BENGALURU: In a landmark judgment, the Karnataka High Court ruled that wearing of hijab by Muslim women is does not form essential religious practice in the Islamic faith and prescribing uniform is not a violation of fundamental rights guaranteed under Article 19(1)(a) and 25 of the Constitution. 

Answering to the question of whether the prescription of school uniform is not legally permissible as being violated petitioners’ fundamental rights guaranteed under Article 19(1) (a) (freedom of expression and Article 21 (privacy), the court said that the prescribing uniform is a reasonable restriction which is constitutionally permitted which cannot be objected by the students. 

Upholding the government order dated February 5, 2022, banning the hijab in classrooms, a full bench of Chief Justice Ritu Raj Awasthi, Justices Krishna S Dixit and Justice JM Khazi pronounced the much-awaited verdict of a batch of petitions questioning the order passed by the state government banning the wearing of hijab in classrooms. 

Dismissing the batch of petitions devoid of merits, the court noted that the government has the power to issue order prescribing uniform. The court also said that no case is made out to issue direction to initiate disciplinary proceedings against the authorities of the college in the Udupi district who were not allowed students for wearing hijab. 

The petitioners-students from Government PU College for Girls at Udupi and several others have challenged the government order. 

Purdah or burqa may not be an essential practice but a headscarf or hijab is an essential part of Islam, and two judgments of the Kerala High Court and the Madras High Court, which has gone through Islamic verses and scriptures, have arrived at this conclusion, the petitioners’ counsels argued.   

In the counter, the state government contended that the hijab is not an essential religious practice. Citing several supreme court’s judgments, starting from Shirur Mutt to Sabarimala cases, in support of his arguments that wearing hijab is not essential religious practice under Article 25 of the Constitution, the state argued that petitioners-students have placed zero materials to substantiate their claim to declare that wearing hijab is an essential religious practice.

On February 10, 2022, the full bench had passed the interim order restraining all the students regardless of their religion or faith from wearing saffron shawl (Bhagwa), scarfs, hijab, religious flags or the like within the classroom, pending consideration of the petitions. 

However, the court made it clear that this interim order is confined to such of the institutions wherein the College Development Committees (CDCs) have prescribed the student dress code/uniform. Later, the court had clarified that the interim order will apply to degree colleges also.

On January 1, six girl students of a college in Udupi attended a press conference held by Campus Front of India (CFI) in the coastal town protesting against the college authorities denying them entry into the classroom wearing Hijab.

This was four days after they requested the principal permission to wear Hijabs in classrooms which was not allowed.

Till then, students used to wear Hijab to the campus and entered the classroom after removing the scarves, the college principal Rudre Gowda had said.

“The institution did not have any rule on Hijab-wearing as such and no one used to wear it to the classroom in the last 35 years. The students who came with the demand had the backing of outside forces,” Gowda had said.