New Delhi: The Supreme Court said it would list next week a bunch of petitions filed by Muslim girl students challenging a Karnataka high court judgment upholding the state government's ban on wearing of hijab in educational institutions. Advocate Prashant Bhushan complained to N V Ramana, Chief Justice of India, that though the court had agreed to hear the appeals against the HC order in March, the petitions had not been listed so far. The CJI said the pleas against hijab ban would be listed for hearing before an appropriate bench next week.
The controversy, which broke out in the BJP-ruled Karnataka and to neighbouring states ahead of assembly elections in five states, left its imprint on the pattern of appeals filed in the SC. If Niba Naaz, who was not even a petitioner before the HC, was the first to win the race in filing the appeal against the HC judgment, Hindu Sena had moved a caveat in the SC to stall any attempt by any appellant to take an ex-parte stay on the HC judgment.
On March 24, Aishat Shifa, who was the main petitioner before the HC challenging the state's ban on hijab in educational institutions, had sought interim relief citing impending examinations and narrating that if not permitted to wear hijab, the Muslim girls would prefer religion to education and would lose an academic year. But, the CJI N V Ramana bench had refused to bite the religiously emotional bait and said, "Examinations have nothing to do with the issue (hijab). Do not sensationalise (the issue).”
Aisha said the hijab ban militates against her fundamental rights guaranteeing choice of dress, voluntary adherence to religious faith and customs and the right to privacy.
