Too early to interfere, says SC on petition to transfer Karnataka hijab ban case from High Court
A three-judge bench of the High Court will hear the matter at 2.30 pm on Thursday.
Chief Justice of India NV Ramana on Thursday said it was “too early” for the Supreme Court to interfere in the hijab ban case in Karnataka as the state’s High Court was hearing the matter, reported The Hindu.
“Let the High Court examine the issue,” Ramana said. “We know that a three-judge bench is scheduled to hear the case today. Give them at least a day’s time.”
The chief justice’s response came on a petition filed by Senior Advocate Kapil Sibal seeking to transfer the petition before the High Court to the Supreme Court.
The Karnataka High Court has been hearing a plea filed by a group of college-going women seeking permission to wear hijabs in educational institutions. The students of the Government Women’s Pre-University College in Kundapura town of Udupi district started an agitation after the college, on February 3, did not allow them to attend classes.
On February 5, the Karnataka government passed an order banning clothes which “disturb equality, integrity and public order”.
On Wednesday, the single-judge bench of Krishna Dixit referred the matter to a larger bench. He also refused to pass an interim order. A three-judge bench headed by Chief Justice Ritu Raj Awasthi will hear the petitions at 2.30 pm on Thursday.
Meanwhile, over the past few days, Hindu students and mobs of men have protested against women wearing hijabs to college at several places in Karnataka. On Tuesday, the Karnataka government ordered to shut all high schools and colleges in the state from February 9 to February 11.
On Thursday, Sibal told the Supreme Court said that the matter was spreading to other parts of the country, reported Bar and Bench. He said that educational institutions in Karnataka have been closed, while examinations were only two months away.
“The problem is now if we list the matter, the High Court will never hear it,” Ramana said in response, according to Live Law.
Sibal then asked the court to list the case, but not pass orders. “If High Court doesn’t do anything, you can then transfer,” Sibal said.
To this, the chief justice replied: “Alright. We will see.”
Also read:
- ‘They didn’t want to gherao the girl’: Karnataka minister on mob that heckled Muslim student
- Hijab row: Why is the BJP echoing liberal playbook by seeking to ban religious symbols in public?
Maintain peace, urges CM
Meanwhile, Karnataka Chief Minister Basavaraj Bommai urged everyone, including politicians, to maintain peace and not to incite people, reported PTI.
“It is the duty of every one to see to it that there is no incitement by outsiders and to maintain law and order,” Bommai added.
On Wednesday, the Karnataka Police had banned gatherings, agitations or any other forms of protest within 200 meters of educational institutions. The order will remain in effect for two weeks.
A day before that, the Karnataka government had announced that all high schools and colleges in the state will remain shut for three days between February 9 and February 11. This was after videos from some colleges showed groups of men wearing saffron scarves protesting against women wearing hijabs.
On Thursday, Bommai said that the decision to extend shut down of the educational institutes would be taken at a meeting scheduled to take place in the evening.
“We will examine in detail the developments that have taken place till now and take certain measures aimed at restoring cordial and peaceful atmosphere and discipline in schools and colleges,” the chief minister said.