The Supreme Court on Thursday refused an early hearing on pleas contesting the Karnataka High Court verdict in the hijab case. A bench comprising Chief Justice NV Ramana and Justice Krishna Murari told petitioners not to 'sensationalise the issue' and refused to accord urgent hearing.
Senior advocate Devadatt Kamat, appearing for Muslim girl student Aishat Shifa, mentioned the matter seeking urgent listing saying that examinations are going on and she would lose a year as authorities are not allowing entry with hijab.
"These are girls...the exams are from 28th. They are being prevented from entering the schools. One year will go," Kamat said.
To this, the CJI said, "Examinations have nothing to do with hijab... do not sensationalise the things."
The top court also did not entertain Solicitor General Tushar Mehta's attempt to intervene and make his point on behalf of the Karnataka government. "Mr SG, can you wait," the apex court said, while asking Kamat not to sensitise the issue.
On March 16, the apex court had agreed to list for hearing after Holi vacation the pleas challenging the Karnataka High Court verdict which dismissed the petitions seeking permission to wear hijab inside the classroom saying it is not a part of the essential religious practice in the Islamic faith.
It had taken note of the submissions of senior advocate Sanjay Hegde, appearing for some students, that urgent hearing was needed keeping in mind the upcoming examinations.
Some petitions have been filed against the full bench high court verdict which held that wearing hijab is not a part of essential religious practice in the Islamic faith under Article 25 of the Constitution.
The High Court had 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 court had said.
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