New Delhi, Mar 3: Chief Justice of India (CJI) Dhananjaya Y Chandrachud on Friday turned down a plea for an immediate listing of pleas seeking a directive to government institutions in Karnataka to allow students to appear for examinations wearing the hijab.
“I will list it immediately after the Holi vacation. I will create a bench,” the CJI told a lawyer, who mentioned the matter. The Supreme Court closes for the Holi break on March 6 and will reopen on March 13.
The case was mentioned before a bench of Chief Justice of India (CJI) DY Chandrachud, Justices JB Pardiwala and PS Narasimha urging the Court to consider listing the case so as to hear on the interim prayer by the students to appear for upcoming exams wearing hijab.
At first, the CJI said the case would be listed following the top court's upcoming Holi break.
"But exams are after 5 days," the lawyer said.
"You are coming on the last day," the CJI said.
"It was mentioned twice and 10 days ago as well," the lawyer replied.
"Ok, I will constitute a bench and hear it," the CJI assured.
“I will form a bench. I will list the matter,” the CJI reiterated.
The lawyer asked: “What about the exams?”
“I can’t answer your questions,” retorted the CJI.
The case was earlier mentioned on two occasions, January 23 and February 22.
On February 22, the CJI said he would “take a call” soon on setting up a three-judge bench to take up the matter in view of a split verdict of the two judges of the previous bench in October 2022 after a group of students from Karnataka mentioned a similar plea. Another plea for listing the matter was made on January 23.
The pleas have pointed out that the exams are commencing from March 9 but those wearing hijab would not be allowed inside the examination centres due to the state government’s ban on the headscarves in state-run institutions.
In October, the court delivered a split verdict on the ban with one judge affirming that the state government is authorised to enforce a uniform in schools. The other called the hijab a matter of choice that cannot be stifled.
Justice Hemant Gupta, in his judgment, dismissed all the appeals filed against the Karnataka high court judgment, which held in March that wearing of the hijab is not mandatory in Islam and that the state government was empowered to enforce the uniform mandate.
Justice Sudhanshu Dhulia differed and allowed all the appeals. Reading out the operative part of his judgment, justice Dhulia said that wearing the hijab is a matter of choice and there cannot be any restriction against it.
Quashing the state government’s prohibitory notification, justice Dhulia added that concerns regarding the education of a girl child weighed the most on his mind and the ban would certainly come in the way of making her life better.
In view of the dissenting views, the matter has been referred to the CJI for constituting an appropriate bench.
Almost two dozen lawyers argued over a spectrum of issues during the hearing in the case last year. The petitioners, challenging the high court order affirming the ban, cited the right to practice religion, freedom to dress as a matter of expression and identity, right to access education, and alleged unreasonableness of the state’s mandate.
The Karnataka government countered the petitioners, maintaining throughout the proceedings that their circular to enforce the uniform was religion-neutral and aimed only at promoting uniformity and discipline.
Comments
Add new comment