The Supreme Court on Friday declined fresh pleas for dealing with the hijab row but assured that it would protect the “constitutional rights” of citizens and deal with the matter at an “appropriate time” since Karnataka High Court was already seized of it.
An apex court bench of Chief Justice N.V. Ramana and Justices A.S. Bopanna and Hima Kohli asked lawyers appearing for a batch of petitioners not to escalate the issue to the national level and counselled them to have patience and wait for the outcome of the high court’s directions.
Karnataka High Court is hearing a student’s petition seeking that her right to wear the hijab to educational institutions be upheld. The high court has passed an interim order asking students to refrain from wearing the hijab or saffron shawls or other religious dresses to educational institutions. It has listed the matter for further hearing on Monday.
“Constitutional rights are for everybody and this court will protect it. We will list at appropriate time,” the Supreme Court said on Friday.
“Please don’t spread these things to a larger level… we are also watching the proceedings. You have to think if you want to bring this to Delhi on a national level,” Justice Ramana told lawyers, including solicitor-general Tushar Mehta, during the morning mentioning time.
When one of the counsel, Javedur Rehman, said exams were scheduled from February 15 and the students might now have to choose between the hijab and the tests, the bench remarked: “…If some exams (are) getting hampered, we will take it up at an appropriate time.”
The court made the observations after senior advocate Devdatt Kamat sought urgent listing of the matter on the ground that Karnataka High Court had passed certain interim orders.
However, Mehta clarified that the order had not yet been uploaded.
Kamat pleaded that the interim order restraining the students from wearing the hijab to educational institutions had far-reaching implications and so the Supreme Court should list the matter at least on Monday. The bench said it would wait for some more time before taking a call.
A large number of petitioners, mostly students from Karnataka and Youth Congress leader B.V. Srinivas, have moved the Supreme Court separately, urging it to recognise the right of Muslim women to wear the hijab out of their own choice as a fundamental right and an integral part of their religion.
Kamat cited the instance of Sikhs wearing the turban as part of their religious identity and argued that any restrictions on the hijab would amount to a suspension of Article 25 provisions — the right to practise one’s religion.