Hijab row: 'Won't allow forum shopping', Supreme Court raps petitioners for seeking adjournment

Tribune News Service

New Delhi, August 29

The Supreme Court on Monday took strong exception to petitioners in the Karnataka hijab ban case seeking adjournment and cautioned them against forum shopping.

From urgent hearing to adjournment

You (petitioners) wanted an urgent hearing and when the matter is listed, you seek adjournment. We will not permit forum shopping. SC Bench

March 15 judgment

• Several petitions have been filed in SC against the March 15 verdict of the Karnataka HC
• HC held that hijab wasn’t part of essential religious practice protected under Article 25
• It dismissed pleas by Muslim students, seeking permission to wear hijab in classroom
• Uniform is a reasonable restriction, constitutionally permissible which students can’t object to, HC had said

Rejecting their plea for adjournment, a Bench led by Justice Hemant Gupta issued a notice to the state government on petitions challenging the Karnataka High Court verdict upholding the ban on hijab in educational institutions in the state.

“You wanted an urgent hearing and when the matter is listed, you seek adjournment. We will not permit forum shopping,” a Bench led by Justice Hemant Gupta said after being informed that the petitioners have sought an adjournment.

“We would not permit this kind of forum shopping,” said the Bench, which also included Justice Sudhanshu Dhulia. It posted the matter for hearing on September 5.

Several petitions have been filed in the apex court against the Karnataka High Court’s March 15 verdict holding that wearing of hijab is not a part of the essential religious practice which can be protected under Article 25 of the Constitution.

The high court had dismissed the petitions filed by a section of Muslim students from Government Pre-University Girls College in Udupi, seeking permission to wear hijab in the classroom. It upheld the ban on wearing hijab in educational institutions in the state, saying it was not an essential religious practice of Islam while school uniforms promoted harmony and spirit of common brotherhood. “We are of the considered opinion that wearing of hijab by Muslim women does not form a part of essential religious practice in Islamic faith,” the HC had said.

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