The Supreme Court today has passed a split verdict over ‘Hijab-Ban’ case restrictions imposed on the Muslim girl students studying in the educational institutions of Karnataka State.
Almost 26 appeals filed against the Judgement of the Karnataka High Court were turned down by the Justice Hemant Gupta. The appeals had claimed the Hijab was not an essential practice of Islam and wanted to ban on wearing Hijab (headscarf) in educational institutions.
The Justice Sudhanshu Dhulia set aside the Karnataka High Court verdict and held the concept of essential religious practice was not essential to the dispute. “The High Court took a wrong path. It is ultimately a matter of choice and Article 19 (1) (a) and 25 (1). It is a matter of choice, nothing more and nothing less,’’ said, Justice Sudhanshu Dhulia.
Justice Dhulia further said that, “Are we making her life any better. That was a question in my mind. I have quashed the Government Order of February 5 and have ordered the removal of the restrictions. I have held that the judgements in Bijeo Emmanuel squarely covers the issue,’’
Justice Gupta had framed 11 issues and answered to all the queries against the appeals. In view of the divergence of opinion, the matter will be placed before the Chief Justice of India for proper directions.