The Supreme Court on Friday said that it will constitute a bench to hear the Hijab case which deals with the Karnataka’s ban on Muslim girl students wearing the hijab (headscarf) in college campus.
The case was mentioned before a bench of Chief Justice of India (CJI) DY Chandrachud, Justices JB Pardiwala and PS Narasimha urging the Court to consider listing the case so as to hear on the interim prayer by the students to appear for upcoming exams wearing hijab.
At first, the CJI said the case would be listed following the top court’s upcoming Holi break.
“But exams are after 5 days,” the lawyer said.
“You are coming on the last day,” the CJI said.
“It was mentioned twice and 10 days ago as well,” the lawyer replied.
“Ok, I will constitute a bench and hear it,” the CJI assured.
The case was earlier mentioned on two occasions, January 23 and February 22.
A division bench of the Supreme Court had in October last year, delivered a split verdict in the challenge to the government order (GO) which effectively empowered government colleges in the State to ban the wearing of hijab by Muslim girl students in college campus.
The ban had initially been challenged before the Karnataka High Court, which upheld the State’s ban.
Following this, the matter reached the Supreme Court.
Justice Hemant Gupta (now retired) upheld the ban while Justice Sudhanshu Dhulia struck it down, necessitating hearing of the case by a larger bench.
The petitioners have contended that after a split verdict by the Supreme Court in the matter, the affected students moved to private colleges from government colleges.
However, since exams can be held only in government colleges, directions have to be issued so that they would be permitted to appear for the exams wearing hijab.