'Let HC decide first': SC on plea seeking transfer of Hijab row cases

'Let HC decide first': SC on plea seeking transfer of Hijab row cases

FPJ Web DeskUpdated: Thursday, February 10, 2022, 11:40 AM IST
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Supreme Court | PTI

The Supreme Court on Thursday said it would consider a submission seeking the listing of a plea for transferring a case on the hijab row from the Karnataka High Court to itself.

According to Live Law, Senior Advocate Kapil Sibal on Thursday mentioned the hijab ban issue in Karnataka colleges before the Chief Justice of India.

A bench headed by Chief Justice N V Ramana said the high court is seized of the case and should be allowed to continue with the hearing and decide it.

Seeking transfer of the case and hearing by a nine-judge bench at the top court, senior advocate Kapil Sibal said, "The problem is that schools and colleges are closed. Girls are being stoned. It's spreading across the country."

The bench said after the top court interferes in the matter, then the high court would never hear it saying the issue is pending before the apex court.

After being told by Sibal that he did not want any order and only listing of the plea, the CJI said, "We will see."

Sibal insisted that this issue needs to be considered, as schools and colleges are closed. The bench reiterated, "Let HC hear it first".

All eyes are set on the three-judge bench of the Karnataka High Court, which will hear on Thursday afternoon the petitions questioning the ban on wearing of 'hijabs' (headscarves) by students in colleges.

Chief Justice of Karnataka High Court Ritu Raj Awasthi on Wednesday had constituted a full bench comprising himself, Justice Krishna S Dixit and Justice Jaibunnisa M Khazi in view of the urgency to hear the matter.

Earlier on Wednesday, Justice Dixit, who was hearing the case, referred the matter to Justice Awasthi's consideration with a view that a larger bench may look into the case.

The Hijab protests began on February 4 at the Government Girls PU college in Udupi district in Karnataka when some students alleged that they had been barred from attending classes wearing hijab (a headscarf worn by Muslim women).

On Monday, students of different colleges arrived that Shanteshwar Education Trust in Vijayapura wearing saffron stoles amid the Hijab row in Karnataka.

The pre-University education board had released a circular stating that the students can only wear the uniform approved by the school administration and no other religious practices will be allowed in colleges.

Following these protests, a three-day holiday from February 9 to 11 has been declared in all the universities under the Department of Higher Education and colleges under the department of Collegiate and Technical Education (DCTE).

(With inputs from Agencies)

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