The Supreme Court docket on Monday mentioned it’ll think about establishing a three-judge bench to adjudicate the case associated to carrying of the Islamic head overlaying in Karnataka faculties following its break up verdict.
A bench comprising Chief Justice DY Chandarchud, and Justices V Ramasubramanian and JB Pardiwala, took be aware of the submissions of senior advocate Meenakshi Arora that an interim order was wanted maintaining in thoughts the sensible examinations, scheduled for some lessons from February 6 within the state.
“That is the headband matter. The women have sensible examinations from February 6, 2023 and this matter must be listed for interim instructions in order that they will seem. The sensible examinations will probably be held in authorities faculties,” the senior lawyer mentioned, showing for some college students.
“I’ll study it. It is a three decide bench matter. We’ll allot a date,” the CJI mentioned.
A two decide bench of the apex court docket had on October 13, final yr delivered opposing verdicts within the hijab controversy, and urged the Chief Justice to represent an applicable bench to adjudicate the case that stemmed from a ban on carrying of Islamic head overlaying in Karnataka faculties.
Whereas Justice Hemant Gupta, since retired, had dismissed the appeals difficult the March 15 judgement of the Karnataka Excessive Court docket which had refused to carry the ban, Justice Sudhanshu Dhulia held there will probably be no restriction on the carrying of hijab wherever within the faculties and schools of the state.
Allowing a group to put on its spiritual symbols to varsities will probably be an “antithesis to secularism,” Justice Gupta had mentioned, whereas Justice Dhulia insisted that carrying the Muslim headband ought to merely be a “matter of selection.”
With the apex court docket delivering a break up verdict, the excessive court docket’s judgement nonetheless holds the sphere. Nevertheless, the break up verdict held off a everlasting decision of the row over hijab as each judges steered putting the matter earlier than a bigger bench for adjudication.
On March 15, the excessive court docket dismissed the petitions filed by a bit of Muslim college students of the Authorities Pre-College Women School in Karnataka’s Udupi looking for permission to put on the hijab inside school rooms, ruling it’s not part of the important spiritual follow in Islamic religion.
A number of appeals have been filed within the apex court docket in opposition to the decision.