Hijab Ban case: Split verdict by Supreme Court, refers case to CJI for action

Hijab Ban case: Split verdict by Supreme Court, refers case to CJI for action

Mangalore Today News Network / NDTV

New Delhi, Oct 13, 2022: The Supreme Court on Thursday pronounced a split verdict on validity of hijab ban imposed by the Karnataka government in classrooms at Pre-University Colleges.

A bench of Justices Hemant Gupta and Sudhanshu Dhulia said since there is divergence of views, the matter would be posted before the Chief Justice of India for setting up a larger bench.

 

"There is divergence of opinion," Justice Gupta said at the outset while pronouncing the verdict.

Justice Gupta dismissed the batch of appeals filed against March 15 judgement of the High Court, which upheld the ban.

Justice Dhulia, however, disagreed by allowing the appeals and quashing the notification issued by the state government on February 5. He said the main thrust of his judgment is that the entire concept of essential religious practice was not essential to the dispute and the High Court took a wrong path.

"It (wearing of hijab) is a matter of choice, nothing more and nothing less,” Justice Dhulia, adding what weighed on his mind the most was whether we are making a girl student’s life better by putting such restrictions.

The top court had on September 22 reserved the judgement after 10 days of marathon hearing.