Bengaluru: The single judge of the Karnataka High Court hearing the case related to the Hijab ban in school-college campuses referred the matter to Chief Justice Ritu Raj Awasthi on Wednesday with a view that he may decide on constituting a larger bench to look into it.
Justice Krishna S Dixit who was hearing since Tuesday a batch of petitions against Hijab ban in classrooms filed by Muslim students from Udupi district, maintained that these matters give rise to certain constitutional questions of seminal importance in view of certain aspects of personal law.
"In view of the enormity of questions of importance which were debated, the court is of the considered opinion that the Chief Justice should decide if a larger bench can be constituted in the subject matter," Justice Dixit said.
The bench was also of the view that the interim prayers should also be placed before larger bench that may be constituted by Chief Justice Awasthi exercising his discretion, Justice Dixit noted in the order.
As the court proceedings resumed on Wednesday, Justice Dixit said he felt the need to refer the matter to the larger bench for consideration.
However, Advocate Sanjay Hegde requested him to give an interim order as the exams were two months away and students should not be deprived of their education.
To this, advocate Devadatta Kamat appearing for the Muslim students requested that the girls be allowed 'to follow their faith'.
Karnataka Advocate General Prabhuling K Navadgi opposed granting interim relief and allowing students to attend colleges wearing hijab.
He argued that the interim order at this juncture would amount to allowing the petition.
"Children must attend the class adhering to the dress code prescribed by the college," Navadgi said.
According to him, the petitions were misconceived as it questioned the Karnataka government order on February 5 banning clothes other than uniform which disturbed peace, harmony and, law and order.
Advocate Sajan Poovayya appearing for the College Development Management Committee said the prescribed uniform had been there for the past one year but no one had ever raised any objection over it.
Opposing the interim relief, he explained that the CDMC, comprising parents, teachers and other stakeholders, meets every year and with everyone's consent the decisions are taken.
The Hijab row had spread to more colleges in Karnataka on Tuesday and taken violent turn in many campuses in different parts of the State, with spiralling protests for and against wearing of the headscarf by Muslim women students.
