'Matter Of Choice, Nothing More And Nothing Less': SC Judge Who Set Aside K'taka HC Order On Hijab Ban

The Supreme Court has delivered a split verdict in the Karnataka HC's ban on hijab. Setting aside the HC order, Justice Sudhanshu Dhulia has allowed all appeals adding that it's a matter of choice.

It's a matter of choice, Justice Sudhanshu Dhulia said as he set aside the Karnataka High Court order on the the hijab ban in which the Supreme Court has delivered a split verdict. Justice Hemant Gupta, however, upheld the hijab ban verdict of Karnataka High Court.

Justice Sudhanshu Dhulia allowed the appeals and set aside the Karnataka High Court order. "It’s a matter of choice, nothing more, nothing less," Justice Dhulia said while pronouncing the order, as quoted by ANI.

Justice Hemant Gupta said that the matter is being referred to the Chief Justice Of India for appropriate direction, ANI reported.

"The operative part of the order says that the matter has to be placed before the Chief Justice of India for the constitution of a larger bench or another bench," Advocate Ezaz Maqbool, who represents the petitioners, said, as quoted by ANI.

On March 15, the high court dismissed the petitions filed by a section of Muslim students of the Government Pre-University Girls College in Karnataka's Udupi seeking permission to wear the hijab inside classrooms, ruling it is not a part of the essential religious practice in the Islamic faith.

During the arguments in the apex court, a number of counsel appearing for the petitioners had insisted that preventing Muslim girls from wearing the hijab to the classroom will put their education in jeopardy as they might stop attending classes.

Counsel for the petitioners had argued on various aspects, including the state government's February 5, 2022 order which banned wearing clothes that disturb equality, integrity, and public order in schools and colleges.

Some advocates had also argued that the matter be referred to a five-judge constitution bench.

On the other hand, the counsel appearing for the state had argued that the Karnataka government order that kicked up a row over hijab was "religion-neutral".

Insisting that the agitation in support of wearing hijab in educational institutions was not a "spontaneous act" by a few individuals, the state's counsel had argued in the apex court that the government would have been "guilty of dereliction of constitutional duty" if it had not acted the way it did.

The state government's order of February 5, 2022, was challenged by some Muslim girls in the high court. Several pleas have been filed in the apex court challenging the high court verdict.