Hijab Row: Karnataka High Court Three-Judge Bench starts hearing Petitions on fifth day

Hijab row Law Insider

Shivani Gadhavi

Published On: February 17, 2022 at 16:21 IST

The Karnataka High Court on February 17, 2022 started hearing Petitions in connection with the Karnataka ‘Hijab Row’ controversy. Earlier on February 11, 2022 the high Court had made a request to the State Government to reopen all the educational institutions.

The High Court Bench comprising Chief Justice Ritu Raj Awasthi, Krishna S Dixit and J M Khazi started hearing all the Petitions at 2:30 PM. The first Petition that was heard was filed by Advocate Aditya Chatterjee, who mentioned that a new Petition pertaining to the Hijab Row was filed.

The Additional General representing the State submitted that, “Two petitions have now been served, which do not show cause of action. The petitioners are from private institutions. They have only questioned the GO.”

One Advocate Shadad Farast had filed an Intervention Application in order to flag the attention of the United Nations Convention of Child so that India which is a signatory in the Convention, recognizes some rights regarding the Hijab Row.

The Chief Justice in this regard stated that, “We fail to understand the concept of intervention applications. We were hearing petitioners & then respondents. If we require, we will take your assistance. You should not as a matter of right ask to be heard. We don’t need the intervention of anybody.”

The next Petition which was heard by the Bench, was filed by Advocate Rahamthulla Kotwal, who submitted that, “Respondent’s action is creating arbitrary discrimination solely on the basis of religion and gender, they are violating right to education solely on the basis of religious headgear, the Hijab.” The Advocate also mentioned that the ban is in violation of Articles 14, 15, 25 and 51(c) of the Indian Constitution.

In regards with the Petition filed by the Petitioner who was represented by the Advocate Kotwal, the Bench stated that, “By such petitions, you are wasting the time of the court in such an important matter. This much we should see. Pagination is not proper! You take time which otherwise can be utilized by your friends.”

After listening to all the Petitions for February 17, 2022, the High Court Bench then listed the matter for February 18, 2022.

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