In view of the split verdict, the bench directed that the appeals against the high court verdict be placed before the Chief Justice of India
The Supreme Court on Thursday delivered a split verdict on a batch of pleas challenging the Karnataka High Court judgement refusing to lift the ban on hijab in educational institutions of the state. While Justice Hemant Gupta dismissed the appeals against the high court verdict, Justice Sudhanshu Dhulia allowed them. LIVE UPDATES
“There is divergence of opinion,” Justice Gupta said at the outset while pronouncing the verdict.
Meanwhile, Justice Dhulia said it was ‘ultimately a matter of choice’. “It’s ultimately a matter of choice and nothing else. Uppermost in my mind was education of the girl child. I respectfully disagree with my brother judge,” Dhulia said.
In view of the split verdict, the bench directed that the appeals against the high court verdict be placed before the Chief Justice of India for constituting an appropriate larger bench.
Justice Gupta upheld the Karnataka government circular and dismissed the appeals against the Karnataka High Court judgment. However, Justice Dhulia allowed all the appeals and set aside the judgment of the Karnataka High Court.
Justice Dhulia said the main thrust of his judgment was that the entire concept of essential religious practice was not essential to the dispute and the high court took a wrong path. “It (wearing of hijab) is a matter of choice, nothing more and nothing less,” said justice Dhulia. He added that he has quashed the government order of February 5 and has ordered the removal of the restrictions.
Justice Dhulia said what weighed on his mind the most is “whether we are making a girl student’s life better by putting such restrictions when her education is concerned”.
Justice Gupta said that “in view of divergent opinion, let the matter be placed before the CJI for appropriate directions”.
After 10 days of marathon hearing, on September 22 the top court had reserved the judgment for Thursday. The bench heard the arguments from the counsels representing the state government, teachers, and the petitioners, who moved the apex court challenging the Karnataka High Court verdict refusing to lift the ban on hijab in educational institutions of the state.
With inputs from agencies
