‘After holi break’: Supreme Court on pleas against HC’s hijab ruling

The Supreme Court on Wednesday refrained from putting a date to hearing a clutch of petitions against the Karnataka high court’s ruling that wearing of hijab by Muslim women does not form a part of essential religious practice in Islam.

A bench, led by Chief Justice of India NV Ramana, did not indicate any date for the hearing after senior counsel Sanjay Hegde and Devadatt Kamat urged the court to urgently list the matter.

“Give us some time… we will see after the Holi vacation,” retorted the CJI to Hegde. The top court will be closed for Holi for three days starting Thursday, and will reopen on March 21.

At this point, Hegde asked if the court would consider listing it on March 21, adding the examinations are going to begin shortly and the affected students have to sit for them.

Also Read | Decoding the Karnataka high court ruling on hijab

But CJI Ramana replied: “Mr Hegde, give us time. We will see. We will post the matter”.

On Tuesday, a full bench of the Karnataka high court declared that wearing of hijab is not mandatory in Islam while affirming the ban on the head dress imposed by the state government in schools and colleges through a February 5 executive order which led to massive protests and counter-protests across the state and in several other cities across the country.

Hours later, one of the petitioners, Niba Naaz, filed an appeal in the Supreme Court, arguing that the high court has erred in creating a dichotomy of freedom of religion and freedom of conscience wherein the court has inferred that those who follow a religion cannot have the right to conscience.

Aishat Shifa, another petitioner before the high court, also filed an appeal in the Supreme Court on Wednesday morning.