High court postponed hearing on Monday, Religious marks cannot be used until the next order. Karnataka High Court interim order challenged in Supreme Court. An appeal has been filed in the Supreme Court challenging the direction of the Karnataka High Court’s 10 February 10 interim order to restrain students from wearing hijab or any religious attire till the matter is pending with the high court.
The plea filed by a student has sought a stay on the direction of the high court, which is hearing the hijab issue, as well as the proceedings going on before the three-judge bench. Filing the appeal, Dr J Halli Federation of Masjid Madaaris and Wakf Institutions, contended that the Karnataka High Court on Thursday has sought to curtail the fundamental right of Muslim student-women by not allowing them to wear the Hijab and pursue their education.
“It is hereby submitted that the right to wear a Hijab falls within the ambit of the right of expression guaranteed by Article 19 (1) (a), the right to privacy and also the Freedom of Conscience under Article 25 of the Constitution. The same cannot be infringed upon without a valid “law,” added the plea challenging the High Court order.
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Earlier, the full bench of the Karnataka High Court hearing the Hijab ban case on Thursday posted the matter for February 14. The three-judge full bench of Chief Justice Ritu Raj Awasthi, Justice J M Khazi and Justice Krishna S Dixit was formed on Wednesday to hear the petitions by the Muslim girl students challenging the ban on Hijab.
The bench was constituted after the single judge, Justice Dixit referred the matter to the CJ with a view that a larger bench should hear the matter. The full bench also said it wants the matter to be resolved at the earliest but till that time peace and tranquility is to be maintained.
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