'Don't spread hijab row to National level', Supreme court
Media as well as government assumed that ‘High Court had passed interim order restraining Muslim students to wear hijab till matter is decided'. Primary and Secondary Education B.C. Nagesh has also welcomed the High Court order
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New Delhi: The Supreme Court has refused for urgent hearing of the petitions challenging Karnataka High Court's oral observation, ‘should not insist to wear any religious symbols in schools and colleges’.
Chief Justice of India, justice N.V. Ramana headed bench refused for urgent hearing, observed that “court will interfere only at an appropriate time, don’t spread these things to a national level" , he advised the petitioners.
Further Chief Justice remarked that the constitutional rights are for everybody and the top court will protect the same. He also said that Supreme Court has not aware about the intreim order in the matter.
The matter was mentioned by Senior Advocate Devadatt Kamatwho argued that the interim order would have far reaching implications not only for Muslims, but for persons of other faiths as well.
Appearing for the State, Solicitor General Tushar Mehta pointed out that the High Court order has not been uploaded yet on the website.
The petitioners advocate insisted for urgent hearing, stating that the case has far reaching implications and the students had been wearing the hijab for ten years, but Supreme Court refused to interfere in High Court hearing.
"Please do not spread it to larger levels. we know what is happening. Think over, is it proper to bring these things to Delhi? The national level? If there is anything wrong, we will protect..." Chief Justice Ramana remarked.
The Karnataka High Court is hearing a petition challenging hijab restrictions in colleges. On Thursday, a three-member bench headed by Ritu Raj Awasthi, it would resume the hearing on Monday.
But court has not dictated any interim order, without passing interim order the Chief Justice concluded the day’s argument, adjourned the hearing to Monday ( February 14).
Media as well as government assumed that ‘High Court had passed interim order restraining Muslim students to wear hijab’ till matter is decided. Primary and Secondary Education B.C. Nagesh has also welcomed the High Court order and he insisted the students to adhere with government order of making compulsory to wear uniforms in schools and colleges.
Contentions of the petitioners before SC
"The government has issued an order thereby denying entry to the Muslim Women wearing Hijab in the educational institutions. The impugned order creates an unreasonable classification between the non-Muslim female students and the Muslim female students and thereby is in straight violation of the concept of secularism which forms the basic structure of the Indian Constitution.
The impugned order is also in sheer violation of Articles 14, 15, 19, 21 and 25 of the Indian Constitution and also violates the core principles of the International Conventions that India is a signatory to," her appeal to the Supreme Court said.
State government has decided to reopen High Schools from Monday, but it has not taken a decided to reopen PU colleges, the Chief Minister Basavaraj Bommai said that government will take a call to reopen colleges after discussing with DDPIs, SP and DCs on Friday.
Chief Minister will held video conference with DCs, SPs and Deputy Director of Public Instruction (DDPI) in this regard.
The Supreme Court had yesterday refused to take up another petition, filed by student Fathima Bushra, challenging the Karnataka government's order last week banning clothes which it said "disturb equality, integrity and public order".