Supreme Court concludes hearing in Karnataka hijab case, reserves Judgment

News Network
September 22, 2022

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New Delhi, Sept 22: After a marathon hearing over a period of 10 days, the Supreme Court today reserved its judgment on a batch of petitions challenging the Karnataka High Court's judgment which upheld the ban on wearing hijab by Muslim students in educational institutions.

A bench comprising Justices Hemant Gupta and Sudhanshu Dhulia heard Solicitor General Tushar Mehta, Karnataka Advocate General Prabhuling Navadgi and Addl Solicitor General KM Nataraj for the State. Senior Advocates R Venkataramani, Dama Seshadri Naidu and V Mohana appeared for college teachers. The Petitioners' side had concluded its arguments on Tuesday.

Making rejoinder submissions in the matter today, Senior Advocates Dushyant Dave and Huzefa Ahmadi today submitted that the arguments of Solicitor General regarding involvement of Popular Front of India are wholly irrelevant and are made to cause prejudice. They argued that no material has been shown on record regarding this.

The Petitioners argued that unlike triple talaq and cow sacrifice, Hijab is mentioned in Quran and it is the farz of Muslim women to retain the same. Further, it was contended that in absence of State showing that hijab affects the fundamental rights of others, any restriction on wearing the same affects the freedom of conscience and "behavioural privacy" of Muslim women. It also hampers their education prospects, it was argued.

Allegations about PFI conspiracy false: Dave

The Solicitor General had alleged that till the year 2021, no girl student was wearing any hijab. However, an agitation was started by the Popular Front of India to create 'social unrest' and that the students were made part of this conspiracy.

Dave said he "regrets" such allegations have been imputed sans any pleadings in that regard.

He took the bench through the impugned circular of the Karnataka government, to point out that there is no mention of any PFI activity and rather, the circular cites observance of religious practices as a "hindrance" to unity and equality.

Senior Advocate Huzefa Ahmadi also submitted that argument of PFI was not raised before High Court. "They can't rely on documents not on record. It is an argument introduced to create a prejudice." 

Senior Advocate Devadatt Kamat said that though State made a "grandiose statement" that till 2021 nobody wore hijab, there is no pleading to that context.

Justice Gupta agreed that in one of the writ petitions, there is a mention that the Petitioner was wearing hijab. "And there is no counter-affidavit controverting this fact," Kamat added.

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News Network
September 21,2023

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New Delhi, Sept 21: There is a 'steady' and 'alarming' erosion of fundamental rights, particularly of religious and other minorities in India, the United Nations Special Rapporteur on Minority Issue has told the USCIRF.

During a hearing on Wednesday, United Nations Special Rapporteur on Minority Issue Fernand de Varennes told the US Commission for International Religious Freedom (USCIRF) that the situation in India can be summarised in three words -- 'massive, systematic and dangerous'.

The USCIRF had announced that it would hold a hearing on religious freedom in India on September 20. India has previously rejected USCIRF reports that alleged violations of religious freedom in the country.

Appearing before the USCIRF for the hearing on policy options for advancing religious freedom in India, de Varennes alleged there is a 'steady' and 'alarming' erosion of fundamental rights, particularly of religious and other minorities in the country.

'India risks becoming one of the world's main generators of instability, atrocities and violence because of the massive scale and gravity of the violations and abuses targeting mainly religious and other minorities such as Muslims, Christians, Sikhs and others. It is not just individual or local, it is systematic and a reflection of religious nationalism,' he said.

The hearing comes on the heels of two successful bilateral meetings between Prime Minister Narendra Modi and President Joe Biden -- the official state visit of the Indian leader here in June and a bilateral meeting in New Delhi in September.

USCIRF chair Abraham Cooper claimed Muslims, Sikhs, Christians, Dalits and Adivasis are experiencing 'increased levels of attacks and acts of intimidation' in India.

'The national government has continued to suppress minority voices and those advocating on their behalf through surveillance, harassment, demolition of property and detention under the Unlawful Activities Prevention Act. These trends and their implication for the US foreign policy should not be ignored,' he said.

Cooper alleged that for the past several years, religious freedom conditions in India have deteriorated, capturing international attention and highlighting the need for continued discussions and engagement on policy options for advancing religious freedom in the country.

The USCIRF is an independent, bipartisan US government advisory body created by the 1998 International Religious Freedom Act (IRFA). Its recommendations are not binding on the US government.

On May 2 this year, India rejected as 'biased' and 'motivated' a report by the USCIRF that alleged 'severe violations' of religious freedom in the country.

'The US Commission on International Religious Freedom (USCIRF) continues to regurgitate biased and motivated comments about India, this time in its 2023 annual report. We reject such misrepresentation of facts, which only serves to discredit USCIRF itself,' the Ministry of External Affairs had said.

'We would urge USCIRF to desist from such efforts and develop a better understanding of India, its plurality, its democratic ethos and its constitutional mechanisms,' it had said.

Modi's state visit to Washington in June reflects the close bilateral relationship between the United States and India, the USCIRF had said last week.

'However, over the last decade, the Indian government has enacted and enforced discriminatory policies targeting religious minorities, including anti-conversion laws, cow slaughter laws, legislation granting citizenship preferences based on religion, and restrictions on foreign funding for civil society organisations,' it alleged.

'Recent trends include the eruption of violence between Hindus and Muslims in Haryana in July and targeted attacks against Christian and Jewish minorities in Manipur, highlighting the need for new strategies to mitigate violence against religious minorities in India,' it said.

Since 2020, the USCIRF has recommended that the US Department of State designate India as a Country of Particular Concern (CPC).

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News Network
September 9,2023

Bengaluru, Sept 9: The fresh announcement of alliance between BJP and JD(S) for the upcoming Lok Sabha elections shows that the JD(S) has no ideology and it does anything for power, opined Karnataka Chief Minister Siddaramaiah.

"When I termed JD(S) as a 'B team' of the BJP, they used to be angry with me. H D Deve Gowda had said that there would be no alliance with any party at any cost. Now, G T Devegowda is saying that they are going for the alliance for the survival of their party. They have put 'secular' in their party's name and are joining hands with communalists. It shows that they have no ideology, and they do anything for power," he said.

In the wake of his admirers saying that Siddaramaiah can become the prime minister, he clarified that he would not enter national politics. "Anybody can become anything in democracy. They have just expressed their opinion. Narendra Modi directly became the Gujarat Chief Minister, and then the Prime Minister. But, I will not join national politics," he noted.

"I just speak on issues, and not just for the sake of criticising anybody or attacking Narendra Modi, Siddaramaiah said.

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News Network
September 18,2023

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Bengaluru, Sep 18: Prime accused in the Karnataka BJP MLA ticket scandal Chaitra Kundapura, an arrested Hindutva activist, has claimed the involvement of the top party leadership in the crime, sources said on Monday.

In a letter to the Enforcement Directorate (ED), Kundapura has demanded that transactions of industrialist Govinda Babu Poojari, a complainant in her case, be investigated under the Prevention of the Money Laundering Act. She also expressed her willingness to cooperate with the investigation, they added.

The sources further explained that Chaitra had made these revelations in a letter to the ED before her arrest.

She had shot the letter after Poojari, who paid over Rs 5 crore, started demanding his money back when he was denied the ticket.

An associate of Poojari had paid Rs 5 crore in cash.

Govind Babu himself also spoke to her about it. He got the money transferred for the ticket to contest the MLA election. He had given Rs 1 crore to one Manjunath, Rs 1.5 crore to Abhinava Halashri, Rs 3 crore to Vishwanath Ji.

She claimed that Poojari was advised by her to file a police complaint.

Chaitra claimed that she worked in a private company in Bengaluru and had confirmed information on illegal money transactions by industrialist Govind Babu Poojari.

This person had settled in Mumbai briefly and carried out the business. He runs a catering industry in Bengaluru.

“He was an aspirant for BJP MLA ticket and since I was a journalist, I wanted to carry out a sting operation on money transactions. Hence I called up Govinda Babu Poojari and his associate Prasad Poojari to collect information,” Chaitra stated in her complaint.

“I was in touch with those close to the businessman and gathered information with an intention to expose him,” she added.

She also alleged in her complaint that fortunately he did not get a BJP ticket to contest MLA election. Generally, the political parties don’t give positions to leaders once the elections are declared. But, surprisingly, BJP made Govind Babu Poojari as the Backward Classes Morcha Secretary.

After the posting, he had carried out a campaign for the BJP candidate Gururaj Ganthiholi in Baindur seat. During the campaigning, Govind Babu Poojari started to identify with state and national leaders. “I strongly suspected the involvement of influential leaders in the scam,” her complaint read.

Sources explain that Chaitra maintains in the complaint that she didn’t have evidence to prove these charges and she recorded the call from Govind Babu Poojari that he had lost Rs 6 crore for BJP ticket and advised him to lodge a police complaint.

Karnataka police have arrested Chaitra Kundapura and her associates on charges of cheating Rs 5 crore and threatening industrialist Govind Babu Poojari promising him MLA ticket from BJP.

The prominent religious leader Abhinava Halasri is absconding in the case.

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