The apex court directed the matter to be placed before the Chief Justice of India for appropriate directions.The Supreme Court Thursday delivered a split verdict in the Karnataka hijab ban case. In view of the “divergence in opinion”, the apex court directed the matter to be placed before the Chief Justice of India for appropriate directions.
While Justice Hemant Gupta dismissed the appeals challenging the Karnataka High Court order, Justice Sudhanshu Dhulia allowed them.
Here’s what both the judges said while pronouncing the verdict:
🔴 Justice Hemant Gupta: “There is a divergence of opinion. In my order, I have framed 11 questions. First is, whether appeal should be referred to Constitution bench. Whether college management can take a call on uniform of students and if wearing of Hijab and restricting it is violative of Article 25. Whether right under Article 19 and Article 25 is mutually exclusive. Whether government order infringes upon the fundamental right. Can student exert her fundamental right, is wearing right a part of essential religious practice under Islam, whether government order serves purpose of access of education: the answer according to me is against the appellant.”
🔴 Justice Sudhanshu Dhulia: “I have set aside the Karnataka High Court order and quashed the government order. Venturing into essential religious practice was not needed and the court took a wrong way. It was just a question of choice. One thing which was topmost for me was education of girl child.”
🔴 Justice Hemant Gupta: “In view of divergent opinion, let the matter be placed before the Chief Justice of India for appropriate directions.”