Karnataka High Court asks counsels to wind up arguments today, hints at delivering order shortly

Bengaluru: The Karnataka High Court on Thursday asked the counsels in the hijab case to wind up their arguments by Friday as it indicated that it will shortly deliver the order.

Chief Justice of the High Court Ritu Raj Awasthi, who is part of the three-judge bench, told the counsels that that the arguments should be finished by Friday. He also asked the parties to give their written submissions within two to three days.

Meanwhile, in his rejoinder argument advocate Devadatt Kamat said his client studies in a co-education college where she got admitted two years ago. According to him, she had been in the habit of wearing hijab since she joined the college but suddenly the restriction was imposed forcing her to go without it.

Kamat told the court that he was not asking for any general declaration on hijab that it is part of an essential religious practice but his contention was the government order on Febuary 5, which barred everyone from wearing clothes that could disturb peace, harmony and public order.

According to him, the GO cannot stand and it has to be quashed.

"If the GO goes there is no restriction on the exercise of a fundamental right under Article 25," the lawyer argued. In reply, the Chief Justice sought to know how can he insist on wearing hijab in an institution which has a uniform and which fundamental right the petitioner has?

He also asked Kamat to establish that hijab is part of a religious practice. "We are not talking about any restriction. We are just talking about your right which you insist for," CJ Awasthi said. Responding, Kamat told the bench that the right derives from Quran and Hadis.