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SC Seeks Karnataka Govt's Response on Pleas Challenging Hijab Ban

The bench pulled up some of the petitioners who sought an adjournment in the matter and said, 'We will not permit forum shopping.'
The Wire Staff
Aug 29 2022
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The bench pulled up some of the petitioners who sought an adjournment in the matter and said, 'We will not permit forum shopping.'
Niqab-wearing students arrive to attend classes as a policewoman stands guard outside a government girls school after the recent hijab ban, in Udupi town in the southern state of Karnataka, India, February 16, 2022. Photo: Reuters/Sunil Kataria
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New Delhi: The Supreme Court on Monday, August 29, sought response from the Karnataka government on pleas challenging the Karnataka high court verdict refusing to lift the ban on hijab in educational institutions of the state.

A bench of Justices Hemant Gupta and Sudhanshu Dhulia issued notice to the state on the pleas and posted them for hearing on September 5.

The bench also pulled up some of the petitioners, who sought adjournment in the matter.

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"We will not permit forum shopping. You wanted urgent listing and now you want hearing adjourned. We will not allow this," the court said, according to Bar and Bench.

'Forum shopping' is the practice of choosing a court that could properly exercise jurisdiction based on a determination of which court is likely to provide the most favourable outcome.

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The top court on July 13 had agreed to hear the petitions challenging the Karnataka high court verdict.

The delay in listing the petitions had been brought up at the Supreme Court a few times. Lawyer Prashant Bhushan had earlier said that the girls were losing out on studies and had been facing difficulties.

"One of the judges is not well,” then CJI N.V. Ramana had said in early August, noting that he will soon constitute a bench to hear the pleas.

Several petitions had been filed in the apex court against the Karnataka high court verdict holding that wearing of hijab is not a part of the essential religious practice which can be protected 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 classroom.

“The prescription of school uniform is only a reasonable restriction, constitutionally permissible which the students cannot object to,” the high court had said.

(With PTI inputs)

This article went live on August twenty-ninth, two thousand twenty two, at eighteen minutes past twelve at noon.

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