The Supreme Court on Tuesday (2 August) said it would soon set up a bench for hearing the petitions in the Hijab row where pleas have been filed against the Karnataka High Court's verdict banning the sporting of the head veil in schools and colleges of the state.
Senior lawyer Meenakshi Arora appearing for one of the appellants, said that the appeals were yet to be listed for hearing despite being filed way back in March. Noting this, the bench comprising Chief Justice N V Ramana and Justices Krishna Murari and Hima Kohli said a bench would be constituted.
"One of the judges is not well. If the judges would have been alright, the matter would have come," said the CJI.
Several petitions have been filed in the apex court against the Karnataka High Court verdict holding that wearing of hijab is not a part of the essential religious practice which can be protected under Article 25 of the Constitution.
The HC had dismissed the petitions filed by a section of Muslim students from the Government Pre-University Girls College in Udupi, seeking permission to wear hijab inside the classroom.
On 13 July, advocate Prashant Bhushan sought an urgent listing of the matter, saying students were facing difficulty. The court had agreed to list the petitions in the following week.
On 14 July, the Supreme Court turned down a request made by PIL litigant Ashwini Upadhyay seeking a similar urgent listing for a writ petition seeking common dress code in all schools.
"I've told you a number of times. If every day you file a PIL, we'll have to constitute a special court. How many times have you filed litigation? What is the urgency? Everyday you file a PIL? Hijab matter was filed long back. Sorry," said CJI Ramana, as quoted by Live Law.
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