Bengaluru : The Single-Judge bench of the Karnataka High Court hearing the case related to the Hijab ban in school-college referred the matter to the Chief Justice Ritu Raj Awasthi on Wednesday. Justice Krishna S Dixit who was hearing since Tuesday a batch of petitions against Hijab ban in classrooms, said that these matters give rise to certain constitutional questions of seminal importance in view of certain aspects of personal law.
During the course of hearing today, Justice Dixit said that the matter requires consideration of a larger bench. “If you feel and all agree I can do this. I feel this matter requires consideration of a larger bench.”
The Advocate General who was appearing on behalf of the government, said that “we are concerned about an early hearing of the matter. Ultimately it is the prerogative of the court.”
The AG also argued that petitions are misconceived. The AG said that they have questioned the government order, adding that each institution has been given autonomy.
“State does not take a decision. Therefore prima facie case is not made out,” the state’s legal advisor told the bench.
Senior advocate Sanjay Hegde, appearing for the girl petitioners, said that if the court is sending the matter to the larger bench then some order needs to be passed for the next two months.
Advocate Devadatt Kamat, appearing for the petitioner-students who wanted hijab to be permitted, also pleaded with the court to “make some interim arrangements”. Kamat said that the court may say that all the questions be kept open. “Let the students study for the next two months.”
Justice Dixit also observed in the order that the question of interim relief will also be considered by the larger bench.
“The bench was also of the view that the interim prayers should also be placed before larger bench that may be constituted by Chief Justice Awasthi exercising his discretion,” the Justice said.
The hijab protests began last month at the Government Girls PU College in Udupi when students alleged that they had been barred from classes for insisting on wearing hijab. Protests for and against the ‘hijab’ then intensified in different parts of Karnataka and turned violent in some places on Tuesday.
