Supreme Court notice to Karnataka over High Court's Hijab ban order

The Supreme Court on Monday issued notice to the Karnataka government on pleas challenging the Hijab ban in Pre-University Colleges (PUCs).

A bench of Justices Hemant Gupta and Justice Sudhanshu Dhulia, however, pulled up petitioners, led by Fathima Bushra, for seeking adjournments in the matter.

"You have been repeatedly asking for urgent hearing but now are seeking adjournments. This kind of forum shopping can't be permitted," the bench told the counsel.

Advocate for the petitioners, Mohd Nizam Pasha, submitted that the case was listed at the last moment and the senior counsel from all over the country wanted to argue the matter.

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The bench then said the matter would be posted for hearing on Tuesday.

However, Solicitor General Tushar Mehta, appearing for the Karnataka government, submitted that the issue involved here was a pure question of law and the court should examine it by issuing a notice.

He also submitted that there is no need to file a response by the state. Mehta also submitted that it was the petitioners who wanted urgent hearing as they had mentioned the matter for six times for early hearing.

On this, the court issued the notice that put the matter for hearing on Monday, September 5.

The court rejected a plea by the petitioners for adjourning the hearing for two weeks.

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A batch of 24 separate petitions filed by individuals as well as several NGOs like All India Democratic Women's Association, Women's Voice, Forum for Secular Theo-Democracy, Muslim Girls and Women's Movement, Muslim Women's Study Circle were listed before court number seven.

The plea challenged a judgement by a three-judge bench of the Karnataka High Court, led by Chief Justice (since retired) Ritu Raj Awasthi, and comprising Justice Krishna S Dixit and Justice J M Khazi on March 15 that had upheld the ban on wearing Hijab in classrooms for not being a part of essential religious practice in Islamic faith.

The HC had then dismissed a plea for permission to wear Hijab in classrooms, saying prescription of uniform was a reasonable restriction.