Karnataka HC On Hijab Row: Pained By Closed Schools, Students Must Return To Classes
The Karnataka High Court has said that it is pained by the ongoing agitations and closure of educational institutions since the past few days due to the ongoing protests over the Hijab row.
The Karnataka High Court which ordered the resumption of classes for both schools and colleges said students should return to the classes at the earliest.
"We request the State Government and all other stakeholders to reopen the educational institutions and allow the students to return to the classes at the earliest. Pending consideration of all these petitions, we restrain all the students regardless of their religion or faith from wearing saffron shawls (Bhagwa), scarfs, hijab, religious flags or the like within the classroom, until further orders," the full bench of the Karnataka High Court comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S Dixit and Justice J M Khazi said in their order, made available on Friday.
Being a secular state, the country does not identify itself with any religion as its own, the bench said, adding, every citizen has the right to profess and practice any faith of choice.
"Ours being a civilized society, no person in the name of religion, culture or the like can be permitted to do any act that disturbs public peace and tranquility. Endless agitations and closure of educational institutions indefinitely are not happy things to happen," the court observed.
Stating that the interest of students would be better served by their returning to the classes than by the continuation of agitations and consequent closure of institutions, the court said the academic year is coming to an end shortly and hoped all stakeholders and the public at large maintained peace and tranquility.
Meanwhile, the Supreme Court on Friday rejected an urgent hearing in the matter.
Chief Justice NV Ramana told the counsel of a petitioner to think whether it is proper to bring the issue at the national level.
Senior advocate Devadutt Kamat mentioned the plea challenging the Karnataka High Court before a bench headed by Chief Justice NV Ramana. Kamat submitted that the high court has restrained the students from disclosing their religious identities, which results in suspension of Article 25 and this will lead into larger consequences.
The Chief Justice said: "Court is already hearing the matter". Solicitor General Tushar Mehta submitted that the high court order has not come out so far and it should be allowed to decide the issue. Mehta emphasized that the matter should not be made either religious or political.
Chief Justice orally observed, "Don't spread these things to a larger level...we don't want to express anything on it."
Justice Ramana told Kamat, "We are watching it and we know what is happening. Think, is it proper to bring it to the national level.."
The Chief Justice emphasized that if there is constitutional rights' violation of anyone it would intervene at the appropriate time and its responsibility to protect the constitutional rights of everyone.
The top court declined to go into the merits of the matter. "We will take it up at an appropriate time," said the bench.
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