Don't wear any religious dresses for now, says Karnataka High Court

Karnataka CJ-led bench cautions students; says schools, colleges can resume

The Karnataka High Court (HC) hearing the Hijab issue on Thursday asked students not to insist on wearing any cloth on campuses of educational institutions which can instigate people, till the matter is resolved.

Posting the matter to be heard on Monday, the full court also said the educational institutions can resume classes for the students. The three-judge full bench of Chief Justice Ritu Raj Awasthi, Justice J M Khazi and Justice Krishna S Dixit, which was formed on Wednesday, also said it wants the matter to be resolved at the earliest but till that time peace and tranquillity is to be maintained.

"Till the disposal of the matter, you people should not insist on wearing all these religious things," CJ Awasthi said.

"We will pass an order. Let the schools, colleges start. But till the matter is resolved, no student should insist on wearing religious dress", he said.

However, the petitioners' lawyer Devadatt Kamat requested the court to consider his objection that such an order will amount to suspension of his client's constitutional rights under article 25. "That will be a total affront to their rights," Kamat contended.

In response, Chief Justice Awasthi said the arrangement is only for a few days till the matter is resolved and asked him to cooperate.

SC asks petitioner Sibal to wait for HC’s decision

Meanwhile, the Supreme Court (SC) on Thursday said it would consider a submission seeking the listing of a plea for transferring a case on the ‘hijab' row from the Karnataka HC to itself. A bench headed by Chief Justice N V Ramana said the HC is seized of the case and should continue the hearing as also decide it.

Seeking transfer of the case and hearing by a nine-judge bench at the apex court, senior advocate Kapil Sibal said, “The problem is that schools and colleges are closed. Girls are being stoned. It's spreading across the country.” After being told by Sibal that he did not want any order and only listing of the plea, the CJI said, “All right, we will see.” At the outset, Sibal said the matter pertained to what is happening in Karnataka and it is spreading all over and now children from all over the country are getting involved and in the meantime, the examinations are two months away.

The bench, also comprising Justices A S Bopanna and Hima Kohli, said, “Please wait. We cannot do anything. Let the high court decide. Why should we look into it immediately. Let the high court hear the matter. Today (Thursday) also the matter is listed before a three-judge bench that is what the information is.” The court said it is “too early to interfere” and some time may be given to the high court to see whether some interim relief is granted.

“Let us see. The problem is if we list the matter here, the high court will never hear,” the CJI said, adding “We are not on merits. Please understand. At least give one day's time.” As Sibal insisted, the bench said that it would consider the request for listing the plea.