Supreme Court again refuses to intervene on Karnataka hijab row

Satya Prakash

New Delhi, February 11

The Supreme Court on Friday refused to intervene in the Karnataka hijab controversy, saying “We will take it up at an appropriate time.”

“You should think if such issues should be brought at the national level,” a Bench led by CJI NV Ramana told senior advocate Devdatt Kamat.

Seeking to challenge the Karnataka High Court’s interim order restraining students from wearing religious dress till it decided the issues arising out of the hijab controversy, Kamat urged the top court to take up the matter on Monday.

But the CJI refused to oblige him. “We are also watching what’s happening in the state… Constitutional rights are for everybody and this court will protect it. We will list at appropriate time,” the CJI said.

Solicitor General Tushar Mehta opposed Kamat’s submission, saying the issue shouldn’t be politicised. The high court order was not available, he pointed out.

One of the advocates pointed out that examinations were scheduled to commence from February 15 and the petitioners had to choose between the examinations and their faith. But the Bench wasn’t impressed.

This is the second time in as many days that the top court has refused to intervene.

On Thursday, senior advocate Kapil Sibal had urged CJI Ramana to take up a petition filed by Fatima Bushra – a student of Government PU College, Udupi – in view of its pan-India ramifications.

“The problem is that schools and colleges are closed…Girls are being stoned. It’s spreading across the country,” Sibal had said.

“Please wait…let the high court decide… They’re hearing it,” the CJI had told Sibal, refusing an urgent listing.

After hearing the matter on Thursday, a three-judge Bench led by Karnataka High Court Chief Justice Ritu Raj Awasthi had asked students not to go to educational institutes in religious dress.

“It’s a matter of a few days. Please cooperate, Chief Justice Awasthi had said, posting the matter for Monday.

“We will restrain everyone from adopting religious practices while we are hearing…But till the matter is pending consideration…these students and all the stakeholders shall not insist on wearing religious garments, may be headdress or saffron shawl. We will restrain everyone. Because we want peace and tranquillity in the state,” the high court had said.

There are three petitions filed in the top court. The petitioners have contended that despite the freedom of conscience and the right to religion guaranteed by Article 25(1) of the Constitution, she and other girl students were not allowed to wear hijab.

They said there was a direct infringement of fundamental rights and also as events are happening in multiple states and likely to spread further, it would be better and proper that the apex court took cognisance of the issue.

They wanted the top court to decide the issue to avoid conflicting decisions by different high courts.