New Delhi: The Supreme Court on Thursday declined for urgent hearing of the hijab matters, challenging the verdict of the Karnataka High Court which had upheld the state government order banning the wearing of hijabs in the classrooms.

The matter was mentioned before Chief Justice of India N.V Ramana by Senior Advocate Devadutt Kamat but the CJI asked the petitioners not to sensationalise the issue and refused to give any specific date for hearing the matter.

Mr. Kamat pleaded before the bench that exams are approaching, so the matter has to take up for urgent hearing, Mr. Kamat pleaded. However, the court refused to buy the arguments of  the petitioner’s advocate stated that, "This has nothing to do with exams. Don't sensationalise the issue," the CJI said.

"1 year will go. They are not being allowed to enter schools," Kamat mentioned before the Chief Justice bench. The CJI has called for the next item for hearing, without heading the request of Mr. Kamat.

HC verdict on Hijab

The Karnataka High Court had on March 15, upheld a government order (GO) effectively empowering college development committees of government colleges in the State to ban the wearing of hijab (headscarves) by Muslim girl students in college campus.

Three-judge Bench of Chief Justice Ritu Raj Awasthi and Justices Krishna S Dixit and JM Khazi observed that wearing hijabs are not essential religious practices of Islam;

Requirement of uniform is a reasonable restriction on the fundamental right to freedom of expression under Article 19(1)(a);  The government has the power to pass the GO; no case is made out for its invalidation.

There is no case made out by the petitioners regarding government order is unconstitutional and against the principles of natural justice. The government has the power to frame rules under the Karnataka Education Act, the three-judge bench pointed out. 

The bench has upheld the government order effectively banning the wearing of the hijab (headscarves) by Muslim girl students in educational institutions in the State.

Judgement: Hijab is not a part of the essential religious practices of Islam. Requirement of uniform is a reasonable restriction on the fundamental right to freedom of expression under Article 19(1)(a), court mentioned in the judgement. The government has the power to pass the government order and no case is made out for its invalidation, court stated. 

The bench has rejected the petitioners' plea to initiate enquiry against the college management authorities and government officials who restrain the students to enter the classrooms wearing hijabs.