Hijab row: HC requests students, public to maintain peace

Adjourning further hearing on the petitions over the Hijab controversy to Wednesday, the High Court of Karnataka on Tuesday requested the students as well as the general public to maintain peace and tranquility in the state.

Justice Krishna S Dixit made this request after Advocate General (AG) Prabhuling K Navadgi submitted that several incidents of unrest have been reported from different college campuses in the state over the issue.

The AG submitted that there is an attempt to fan protests across the state over the issue when the court is hearing the matter.

He cited the Supreme Court order in the Kisan Mahapanchayat case (farmers’ agitation case), and requested the court to pass orders so that no one resorts to agitations over the issue.

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Justice Dixit observed that a blanket order may not be passed since the agitating parties, students or the other public, are not before the court.

“Having heard the counsel for the parties and pending further hearing, hopefully, which should be accomplished soon, the court requests the students community and the public at large to maintain peace and tranquility. The court has full faith in the wisdom and virtue of the public at large and hopes the same would be put to practice,” Justice Dixit said.

The court said that people should have faith in the Constitution and the court when the matter is before the court.

The matter should be left to the judges to adjudicate once it is before the court, the bench said.

Earlier, appearing for two petitioners, challenging the government order dated February 5, 2022, mandating the wearing of uniform, senior advocate Devadatt Kamath made submissions seeking interim relief.

Hijab row: Govt to probe role of organisations, says HM

He submitted that exams are scheduled in March 2022 and the fundamental rights of the students need to be protected by permitting them to attend the classes.

Kamath said that the government order is being challenged on different propositions.

He said that it is in violation of Article 19 of the Constitution and the grounds on which the order has been structured are not relatable to restrictions permitted under Article 19 (6) of the Constitution.

He further submitted that the right to wear the attire of choice falls within the privacy rights recognized by the Apex Court in the ‘K S Puttaswamy jurisprudence’.

The senior counsel also said that wearing a headscarf is an essential religious practice as prescribed by the Holy Quran.

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