SC Pulls Up Petitioners For Postponing Hijab Case Hearing, Issues Notice To Karnataka Govt

Following the multiple petitions filed in the Supreme Court (SC) against the Karnataka High Court's verdict on wearing hijab within education institutions, the SC has stated that the bench does not encourage the kind of "forum shopping" practised by the petitioners. Forum shopping refers to the practice where a plaintiff may choose among multiple courts to receive favourable treatment on their case.

The bench pulled up the petitioners who sought an adjournment after having requested for urgent hearing and issued a notice to the Karnataka government stating September 5 as the date for the Hijab row hearing.

Responding To The Batch Of Petitions

The top court issued a notice to the Karnataka government on August 29 after having received several batches of petitions challenging the high court order that upheld the state's ban on wearing hijab in educational institutions. Seeking a response from the government on the pleas, the bench of Justices Hemant Gupta and Sudhanshu Dhulia posted September 5 as the date for the case hearing.

Despite having sought an urgent hearing about six times, the petitioners requested to adjourn the case as they required more time to prepare for the case. Appearing for the petitioners were Mohd Nizamuddin Pasha and other advocates with the appeal that the high court had failed to "apply its mind and was unable to understand the gravity of the situation as well as the core aspect of the Essential Religious Practices enshrined under Article 25 of the Constitution of India".

Yet another appeal has alleged the apex court of "step-motherly behaviour" that has prevented their own students from freely practising their faith.

As per the report by the Times Of India, the SC reprimanded that the advocates were requesting an urgent hearing without being prepared for the case. The bench also pulled up the petitioners and said that such practices of "forum shopping" would not be permitted in the court.

Solicitor General Tushar Mehta said that he would accept the notice but argued that there is no need for a response affidavit as it is a pure question of law.

The Hijab Row: Here's What Happened

The hijab row erupted earlier this year in January when a Government PU College in Udupi barred six girls from entering the premises for wearing a hijab. The girls protested outside the college for having been denied entry, following which protests began spreading to other parts of Karnataka. Many Hindu extremist groups and supporters protested against the hijab by wearing saffron scarves to their classrooms.

After which, the Karnataka Government ruled that all students must adhere to the set uniform code and banned both hijab and saffron scarves. An expert committee was set in place to decide on the issue, and by February, the board released a circular stating that students should abide by the uniform that is approved by the respective school administrations. They stated that no religious attire would be permitted in educational institutions to ensure the idea of equality and unity exist within these spaces.

Supporting the same idea, the high court issued an order that barred students from wearing religious attire to classes. This triggered a batch of appeals to the Supreme Court challenging the High Court ruling.

Also Read: Hijab Row Resurfaces As Mangaluru Students Stage Protests Demanding Complete Ban On Headscarf