‘After the Holi… will create a Bench… I can’t answer…’: CJI turns down plea for urgent listing of Karnataka Hijab cases

News Network
March 3, 2023

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New Delhi, Mar 3: Chief Justice of India (CJI) Dhananjaya Y Chandrachud on Friday turned down a plea for an immediate listing of pleas seeking a directive to government institutions in Karnataka to allow students to appear for examinations wearing the hijab.

“I will list it immediately after the Holi vacation. I will create a bench,” the CJI told a lawyer, who mentioned the matter. The Supreme Court closes for the Holi break on March 6 and will reopen on March 13.

The case was mentioned before a bench of Chief Justice of India (CJI) DY Chandrachud, Justices JB Pardiwala and PS Narasimha urging the Court to consider listing the case so as to hear on the interim prayer by the students to appear for upcoming exams wearing hijab.

At first, the CJI said the case would be listed following the top court's upcoming Holi break.

"But exams are after 5 days," the lawyer said.

"You are coming on the last day," the CJI said.

"It was mentioned twice and 10 days ago as well," the lawyer replied.

"Ok, I will constitute a bench and hear it," the CJI assured.

“I will form a bench. I will list the matter,” the CJI reiterated. 

The lawyer asked: “What about the exams?”

“I can’t answer your questions,” retorted the CJI.

The case was earlier mentioned on two occasions, January 23 and February 22.

On February 22, the CJI said he would “take a call” soon on setting up a three-judge bench to take up the matter in view of a split verdict of the two judges of the previous bench in October 2022 after a group of students from Karnataka mentioned a similar plea. Another plea for listing the matter was made on January 23.

The pleas have pointed out that the exams are commencing from March 9 but those wearing hijab would not be allowed inside the examination centres due to the state government’s ban on the headscarves in state-run institutions.

In October, the court delivered a split verdict on the ban with one judge affirming that the state government is authorised to enforce a uniform in schools. The other called the hijab a matter of choice that cannot be stifled.

Justice Hemant Gupta, in his judgment, dismissed all the appeals filed against the Karnataka high court judgment, which held in March that wearing of the hijab is not mandatory in Islam and that the state government was empowered to enforce the uniform mandate.

Justice Sudhanshu Dhulia differed and allowed all the appeals. Reading out the operative part of his judgment, justice Dhulia said that wearing the hijab is a matter of choice and there cannot be any restriction against it.

Quashing the state government’s prohibitory notification, justice Dhulia added that concerns regarding the education of a girl child weighed the most on his mind and the ban would certainly come in the way of making her life better.

In view of the dissenting views, the matter has been referred to the CJI for constituting an appropriate bench.

Almost two dozen lawyers argued over a spectrum of issues during the hearing in the case last year. The petitioners, challenging the high court order affirming the ban, cited the right to practice religion, freedom to dress as a matter of expression and identity, right to access education, and alleged unreasonableness of the state’s mandate.

The Karnataka government countered the petitioners, maintaining throughout the proceedings that their circular to enforce the uniform was religion-neutral and aimed only at promoting uniformity and discipline.

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News Network
November 26,2024

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Mangaluru: The coastal districts of Dakshina Kannada and Udupi are witnessing a fascinating weather pattern, with chilly early mornings giving way to dry, sweltering afternoons. Over the past two days, dense fog blanketed the rural landscapes, while urban centers like Mangaluru felt the stark contrast of brisk mornings and peak afternoon heat.

The India Meteorological Department (IMD) noted that in rural areas, the morning chill caused temperatures to dip by one to two degrees Celsius below the seasonal norm, intensifying the fog. Monday saw Mangaluru recording a maximum temperature of 33.3°C and a minimum of 22.6°C, reflective of the sharp day-night variation.

While mornings painted a serene picture with mist-covered trees and a cool ambiance, the afternoons proved relentless, with temperatures soaring between 11 am and 3 pm, offering little respite. Currently, there are no signs of rainfall, with forecasts predicting the continuation of this dual weather pattern for the coming days.

Local residents have mixed feelings about this weather trend. Farmers in rural areas appreciate the cool mornings that ease early chores but express concerns over the dry afternoons, which may affect crop irrigation if the dry spell prolongs. In contrast, urban dwellers are enjoying the foggy mornings but brace for the scorching afternoons.

Meteorologists attribute the sudden chill to shifts in atmospheric pressure along the coast, a precursor to possible weather transitions in December. Whether this pattern persists or leads to unexpected changes remains to be seen, but the twin districts are clearly caught in nature's dramatic play of contrasts.

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News Network
November 14,2024

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Bengaluru: The Prime Minister Narendra Modi led union government has requested the Karnataka High Court to direct the Mandya district administration and the state government to clear a madrasa operating within the premises of the historic Jama Masjid in Srirangapatna.

The Waqf Board, opposing this move, has claimed the mosque as its property and defended the right to conduct madrasa activities there.

The matter was brought before a division bench headed by Chief Justice N V Anjaria following a public interest litigation filed by a person named Abhishek Gowda from Kabbalu village in Kanakapura taluk. The petition alleged “unauthorised madrasa activities” within the mosque.

Representing the Central government, Additional Solicitor General of India for High Court of Karnataka, K Arvind Kamath argued that the Jama Masjid was designated as a protected monument in 1951, yet unauthorised madrasa operations continue there.

He noted that concerns over potential law and order issues have so far prevented any intervention. Kamath urged the court to direct the Mandya district administration to take action and vacate the madrasa from the mosque.

In defence, lawyers for the state government and the Waqf Board contested this request, stating that the Waqf Board had been recognised as the owner of the property since 1963 and, thus, conducting madrasa activities there is lawful.

After hearing both sides, the bench adjourned the case for further arguments, scheduling the next hearing for November 20.

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News Network
November 26,2024

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Bengaluru: The Janata Dal (Secular) is grappling with its most tumultuous political crisis yet, with speculation rife about imminent defections among its lawmakers. This storm comes in the aftermath of party scion Nikhil Kumaraswamy's humiliating defeat in the Channapatna bypoll—his third consecutive electoral loss after setbacks in Mandya (2019) and Ramanagara (2023). With the regional party’s Assembly tally shrinking to 18 from 19, questions are being raised about its survival.

The murmurs of rebellion were amplified on Monday when Health Minister Dinesh Gundu Rao and Congress MLA CP Yogeshwar openly hinted at possible desertions within the JD(S) ranks. Yogeshwar, newly elected from Channapatna, declared he could orchestrate a migration of JD(S) MLAs to Congress. “I’ll meet them at the Belagavi session. Within a month, they’ll be in Congress,” he confidently stated during a televised interview. Yogeshwar has a history of engineering defections, having played a pivotal role in the collapse of the JD(S)-Congress coalition government in 2019 during his stint with the BJP.

Dinesh Gundu Rao, not mincing words, slammed the JD(S) leadership for fostering "self-serving politics," criticizing the HD Deve Gowda family for failing to nurture party talent. “There’s no trust. Their MLAs will seek survival—either in BJP or Congress,” he remarked.

Meanwhile, the expelled JD(S) state president CM Ibrahim added fuel to the fire by claiming that 12-13 MLAs are "disillusioned" with the current leadership. Speculations around senior JD(S) leader GT Deve Gowda joining Congress have also intensified. DK Shivakumar, Karnataka’s Deputy CM and Congress president, described GT Deve Gowda as a “valuable leader” who might be frustrated with the party’s internal dynamics.

While Congress leaders seem eager to poach JD(S) legislators, the BJP is not far behind in targeting the floundering party. The situation signals a decisive moment for the JD(S), as its survival now hinges on how it manages this brewing storm of discontent.

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