Shivani Gadhavi
Published On: February 10, 2022 at 16:13 IST
The Supreme Court on February 10 stated that first the Karnataka High Court Three-Judge Bench should be given a chance to make a decision regarding the ‘Karnataka Hijab Row’ only then would it consider listing of the Plea for transfer of the case to the Supreme Court.
The Chief Justice of India N V Ramana, was hearing a Plea moved by Senior Advocate Kapil Sibal, who sought transfer of the all the Petitions regarding the ‘Karnataka Hijab Row’, which are to be heard by the Karnataka High Court.
Senior Advocate and Politician, Kapil Sibal, stated before the Apex Court that, “The problem is that schools and colleges are closed. Girls are being stoned. It’s spreading across the country. In the meantime, exams are two months away.”
Advocate Kapil Sibal stated that the important question was whether hijabs could be included as a piece of clothing that could be allowed to wear inside the premises of educational institutions and could be considered as a part of the Fundamental Right to Religious Freedom under Article 21 of the Constitution of India.
Mr. Sibal urged that this matter should be heard by a Nine-Judge Bench of the Supreme Court as was done in the case of Sabarimala Verdict.
Chief Justice of India N V Ramana stated that, “Let the High Court examine the issue. We know that a three-judge Bench is scheduled to hear the case today. Give them at least a day’s time. It is too early for us to interfere.”
When Mr. Sibal asked him to at least list the matter, the Chief Justice of India responded by stating that “The problem is if we list it, the High Court will never hear it. We are not saying anything on merits.”
Karnataka High Court Three-Judge Bench comprising of Chief Justice Ritu Awasthi, Justices Krishna S Dixit and J M Khazi will hear the matter pertaining to the case of Fathima Bushra v. State of Karnataka.