A plea was Tuesday filed in the Supreme Court challenging the Karnataka High Court verdict which dismissed pleas seeking permission to wear a Hijab inside the classroom, saying Hijab is not a part of the essential religious practice in the Islamic faith.
The petition has been filed in the apex court by a Muslim student against the high court judgement.
Earlier in the day, the high court dismissed the petitions filed by a section of Muslim students from the Government Pre-University Girls College in Udupi, seeking permission to wear Hijab inside the classroom.
"The prescription of school uniform is only a reasonable restriction, constitutionally permissible which the students cannot object to," the high court said.
"We are of the considered opinion that wearing of Hijab by Muslim women does not form a part of essential religious practice in the Islamic faith," Chief Justice Ritu Raj Awasthi who headed the full bench of the High Court said reading out a portion of the order.
The other two judges in the panel were Justice Krishna S Dixit and Justice J M Khazi.
The bench also maintained that the government has power to issue impugned government order dated February 5, 2022 and no case is made out for its invalidation. By the said order, the state government had banned wearing clothes which disturb equality, integrity and public order in schools and colleges.
The court also rejected the plea to initiate a disciplinary inquiry against the college, its principal and a teacher. The Karnataka High Court has suggested the possibility of some 'unseen hands' behind the hijab row to engineer social unrest and disharmony. The court also expressed dismay over the issue being blown out of proportion.
"The way hijab imbroglio unfolded gives scope for the argument that some 'unseen hands' are at work to engineer social unrest and disharmony. Much is not necessary to specify," the three-judge bench headed by Chief Justice Ritu Raj Awasthi said in the order.
The full bench also comprising Justice Krishna S Dixit and Justice J M Khazi dismissed a batch of petitions filed by a few Muslim girl students from Udupi Government Pre-University Girls' College who sought permission that they are allowed to attend classes wearing hijab.
The court, however, made it clear that it was not commenting on the ongoing police investigation.
During the course of the hearing, some counsels had brought to the notice of the court the alleged involvement of the Campus Front of India (CFI) and other organizations in inciting the Muslim students.
When the court sought to know, Advocate General Prabhuling Navadgi handed over a letter in a sealed cover to the bench.
"We have perused and returned copies of the police papers that were furnished to us in a sealed cover. We expect a speedy and effective investigation into the matter and culprits being brought to book, brooking no delay," the bench noted.
The judges observed that all was well with the dress code since 2004.
"It also said that they were impressed that even Muslims participate in festivals that are celebrated in the "Ashta Mutt Sampradaya" in Udupi where eight Mutts are situated.
"We are dismayed as to how all of a sudden that too in the middle of the academic term the issue of hijab is generated and blown out of proportion by the powers that be," the bench noted.
The court also declined to entertain petitions which had sought an investigation by the Central Bureau of Investigation (CBI) and the National Investigating Agency (NIA) as to the involvement of radical Islamic organisations and their funding by some foreign universities to Islamise India.
"There are other incoherent prayers. This petitioner opposes the case of students who desire to wear Hijab. Most of the contentions taken up in these petitions are broadly treated in the companion Writ Petitions. We are not inclined to entertain these two Writ Petitions filed in PIL jurisdiction, both on the ground of their maintainability and merits," the judges observed.
