[Hijab Ban] "Will not permit forum shopping": Supreme Court rejects request by petitioners for adjournment; issues notice

The Supreme Court on Monday issued notice to the State of Karnataka in a batch of appeals challenging the Karnataka High Court verdict that effectively upheld the ban on wearing hijab in government schools and colleges [Fathima Bushra v. State of Karnataka]..When the matter was taken up, the Bench of Justices Hemant Gupta and Sudhanshu Dhulia took an unfavourable view of the petitioners' request for adjournment. "We will not permit forum shopping. You wanted urgent listing and now you want hearing adjourned. We will not allow this," the Court said. It then proceeded to issue notice and listed the case for hearing on Monday, September 5..The Karnataka High Court had on March 15 upheld a Karnataka government order (GO) effectively empowering college development committees of government colleges in the State to ban the wearing of hijab (headscarves) by Muslim girl students in college campus.The petitioners - Muslim girl students from various colleges in Karnataka - had approached the High Court after they were denied permission to attend classes on account of wearing hijab.A three-judge Bench of then Chief Justice Ritu Raj Awasthi and Justices Krishna S Dixit and JM Khazi held that:- Hijab is not a part of essential religious practices of Islam;- Requirement of uniform is a reasonable restriction on the fundamental right to freedom of expression under Article 19(1)(a);- The government has the power to pass the GO; no case is made out for its invalidation..One of the pleas before the top court argued that the High Court "failed to note that the right to wear a Hijab comes under the ambit of ‘expression’ and is thus protected under Article 19(1)(a) of the Constitution."It also contended that the High Court failed to take note of the fact that the right to wear Hijab comes under the ambit of the right to privacy under Article 21 of the Constitution of India.With regard to uniform, the plea said that the Karnataka Education Act, 1983, and the Rules made under the same, do not provide for any mandatory uniform to be worn by students..[BREAKING] Hijab Ban in colleges upheld; wearing of hijab not essential to Islam: Karnataka High Court