The Supreme Court bench comprising Justice Sudhanshu Dhulia and Justice Hemant Gupta, failed to give a unanimous verdict in the Karnataka Hijab Row.

On the 13th of October, Thursday, the Apex Court reserved its orders in the Karnataka Hijab Row, involving petitions filed by Muslim students, seeking permission to wear Hijab in classrooms.

Speaking of the Karnataka Hijab Row, a bunch of petitioners challenged the 15th of March judgement of the Karnataka High Court (HC,) which dismissed the petitions filed by Muslim girls studying in pre university colleges, in Udupi, Karnataka, seeking the right to wear Hijab in classrooms.  However, the Karnataka HC dismissed the petition and upheld the 5th February order of the Karnataka Government, which restricted the wearing of Hijab at educational institutions, saying it is violating the school rules.  After being disappointed by the Karnataka HC, the students filed a petition against the same in the Supreme Court.  Muslim students approached the SC saying the “right to wear hijab comes under the ambit of ‘expression’ and is thus protected under Article 19(1)(a) of the Constitution”. 

However, now the Supreme Court bench also gave a split verdict in the matter.  While Justice Hemant Gupta, dismissed all the petitions filed by the students and upheld the Karnataka HC judgement, Justice Sudhanshu Dhulia quashed the February 5 orders of the State Government.  

According to sources, during the court proceedings, Justice Sudhanshu Dhulia said, “The High Court took a wrong path. It is ultimately a matter of choice and Articles 14 and 19. It is a matter of choice, nothing more and nothing less.”  He further added, “”Are we making her life any better? That was a question in my mind…I have quashed the Government Order of February 5 and have ordered the removal of the restrictions.”

Meanwhile, Justice Hemant Gupta framed 11 issues, and supported the judgement of the Karnataka High Court, issued on the 15th of March.

Now, with the split in the decision, the matter would be placed before the Chief Justice of India U.U. Lalit for the final decision.

Moreover, the detailed copy of the Supreme Court verdict in the Karnataka Hijab Row is awaited.

Stay tuned for further updates.

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