Appeal filed before Supreme Court against Karnataka High Court's Hijab ban

NEW DELHI: An appeal has been filed before the Supreme Court against Karnataka High Court's interim order proposing to bar students from wearing religious garments to educational institutions in Karnataka.

Petitioners Rahamatullah Kothwal and Adeel Ahmed have filed an appeal before the top court.

A full-bench of the Karnataka High Court headed by Chief Justice Ritu Raj Awasthi had on Thursday evening heard four petitions on the hijab ban.

Hearing was held on whether interim relief should be granted. As the hearing drew to a close, the Chief Justice had orally remarked that the Bench would pass an interim order restraining the petitioners in the Hijab ban matter and other students from wearing any religious garment or headdress, till the matter is disposed of.

"We will pass an order that let the institutions start, but till the matter is pending, these students and stakeholders will not insist on wearing any religious garment or head dress. We will restrain everyone. We want peace and tranquility....Till the disposal of the matter, you people should not insist for wearing all these religious things. We will restrain everyone (in the interim) from adopting all these practices," the Chief Justice had said.

A copy of the order is yet to be uploaded on the High Court website.

The appeal before the top court said that the interim order creates a distinction between Muslim and non-Muslim female students and directly hits at secularism which is part of the basic structure of the Constitution.

"The right to wear hijab falls under right to expression under Article 19(1)(a), right to privacy and freedom of conscience under Article 25. The same cannot be infringed upon without a valid law," the plea said.

The students had approached the Karnataka High Court after certain government colleges banned Muslim students from attending classes wearing hijab.

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