New Delhi: A special leave petition has been filed by the All India Muslim Personal Law Board in Supreme Court against Karnataka High Court’s Verdict, which upheld the ban on hijab in classrooms and said that hijab is not essential practice of Islam.
Through its Secretary, Mohammed Fazlurrahim along with two other petitioners namely, Munisa Bushra and Jaleesa Sultana Yaseen, the board has moved to the Supreme Court.
Against the Karnataka High Court’s Judgement, an Islamic clerics organization “Samastha Kerala Jem-iyyathul Ulama,” too, has filed a special leave petition, in Supreme Court.
The organization claims that High Court’s Judgement is based on an erroneous interpretation of the Holy Quran and the Hadis and a wrong understanding of Islamic law.
Last week the Chief Justice of India N V Ramana had declined a request for urgent listing of the pleas challenging the hijab case verdict. CJI had said to Senior Advocate Devadutt Kamat that exams have nothing to do with this issue. Devadutt Kamat had made the mentioning on behalf of a Muslim student for urgent listing by saying that exams are starting from March 28.
In its Judgment, the Karnataka High Court had held on March 15 that wearing of hijab is not a part of Essential Religious Practice in Islamic faith and thus, it is not protected under Article 25 of the Constitution, the Karnataka High Court has held today.
A full Bench of the High Court further held that restriction of school uniform by the State is a reasonable one, as per the students’ rights under Article 25 and thus, the Government Order issued by the Karnataka government dated February 5 is not violative of their rights. Accordingly, the Court had dismissed the petitions filed by Muslim girl students, challenging the action of a government PU colleges in denying their entry for wearing a hijab (headscarf).
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