The Supreme Court on Monday issued a notice on a plea seeking a stay on Karnataka High Court upholding the hijab ban and will hear the petitions challenging the order on September 5. The apex court came down heavily on some of the petitioners for seeking adjournment of hearing on pleas challenging the Karnataka High Court verdict, saying it would not permit “this kind of forum shopping”.
“This is not acceptable. You asked for early hearing time and again now, it is listed and you ask for this,” said a bench of Justices Hemant Gupta and Sudhanshu Dhulia. “We will not permit forum shopping. That is all. Come tomorrow for arguments. We will hear you tomorrow,” the bench said at the outset.
During the hearing, Solicitor General Tushar Mehta, appearing for Karnataka, said a letter has been circulated in the matter. “Can I make one request, if it appeals to your lordships. They are the petitioners. So, in view of the letter circulated, your lordships possibly consider not to pass any order adverse to them. Can your lordships consider issuing notice?,” Mehta told the bench.
One of the advocates, appearing for some of the petitioners, said these matters came up suddenly in the cause list on Saturday and there are some advocates who have to come for the hearing in the apex court from Karnataka. “Karnataka takes only two-and-a-half hour flight,” the bench observed. Mehta said a question of law was involved in the matter and no counter may be required to be filed. When the bench posted the matter for hearing on September 5, one of the advocates requested that two weeks’ time may be given.
“Come on Monday (September 5),” the bench said. When the counsel said the matter may be listed for hearing on a non-miscellaneous day in the apex court, the bench said if need will arise, it would take up the matter on a non-miscellaneous day.
“May I request. Your lordships may give two weeks. It will not make much difference,” one of the counsels said. The bench said the petitioners were earlier asking for hearing in the matter.
The solicitor general said he has the list and these matters were mentioned for listing six times. The counsel said hearing was sought earlier because those days, exams were going to take place, and now they have to prepare the brief. “So, you would have argued without preparation in those days?” Mehta asked.
The bench observed, “This kind of a forum shopping, we will not permit.” A total of 24 petitions, including those challenging the high court verdict, were listed for hearing before the top court. Several petitions have been filed in the apex court against the March 15 verdict of 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 high court 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 classroom.
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