‘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 27,2024

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Mangaluru: Dakshina Kannada MP Captain Brijesh Chowta recently met with Union Minister for Railways Ashwini Vaishnav to discuss urgent concerns regarding the region's railway infrastructure development. Key issues raised during the meeting included the long-pending Mangaluru-Bengaluru connectivity, the Shiradi Ghat stretch, and other vital railway concerns impacting the region.

In addition to discussing these issues, Captain Chowta submitted a letter requesting the Union Minister's intervention and support. The letter emphasized the need to merge Konkan Railway with Indian Railways and called for the doubling of railway tracks between Bengaluru and Mangaluru, which would significantly improve rail connectivity between the state capital and Mangaluru.

Further, Captain Chowta raised concerns about enhancing passenger facilities along the region's rail routes, particularly the need for better services between Subrahmanya and Mangaluru.

To bring more attention to these pressing issues, Captain Chowta took to social media, urging the state government’s support. In a tweet on his official X handle, he requested Chief Minister Siddaramaiah to expedite the resolution of these concerns. “In this direction, I request our Karnataka government led by CM Shri @siddaramaiah to kindly provide the necessary state support for the swift redressal of various concerns pertaining to both Konkan Railways as well as HMRDC to ease movement of both people and cargo in this important stretch between Mangalore and Bangalore,” he posted.

The meeting with the Union Minister was attended by Bengaluru Rural MP Dr. CN Manjunath, Udupi-Chikmagalur MP Kota Srinivas Poojary, and Uttara Karnataka MP Vishweshwara Hegde Kageri, all of whom supported the discussion on enhancing railway infrastructure in the region.

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News Network
November 14,2024

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The UN special rapporteur for Palestine has slammed Israel’s parliament for passing a law authorizing the detention of Palestinian children, who are “tormented often beyond the breaking point” in Israeli custody.

Francesca Albanese, the UN special rapporteur on the rights situation in the Occupied Palestinian Territory, in a Thursday post on X, characterized the experiences of Palestinian minors in Israeli detention as extreme and often inhumane.

The UN expert highlighted the grave impact of this policy, noting that up to 700 Palestinian minors are taken into custody each year, a practice she described as part of an unlawful occupation that views these children as potential threats.

Albanese said Palestinian minors in Israeli custody are “tormented often beyond the breaking point” and that “generations of Palestinians will carry the scars and trauma from the Israeli mass incarceration system.”

She further criticized the international community for its inaction, suggesting that ongoing diplomatic efforts, which often rely on the idea of resuming negotiations for peace, have contributed to normalizing such human rights violations against Palestinian children and the broader population.

The comments by Albanese came in response to Israel’s parliament (Knesset) passing a law on November 7 that authorizes the detention of Palestinian children under the age of 14 for “terrorism or terrorist activities.”

Under the legislation, a temporary five-year measure, once the individuals turn 14, they will be transferred to adult prison to continue serving their sentences.

Additionally, the law allows for a three-year clause that enables courts to incarcerate minors in adult prisons for up to 10 days if they are considered dangerous. Courts have the authority to extend this duration if necessary, according to the Knesset.

The legislation underscores a shift in the treatment of minors and raises alarms among human rights advocates regarding the legal and ethical ramifications of detaining children and the conditions under which they may be held.

Thousands of Palestinians, including hundreds of children and women, are currently in Israeli jails—around one-third without charge or trial. Also, an unknown number are arbitrarily held following a wave of arrests in the wake of the regime's genocidal war on Gaza.

Since the onset of the Gaza war, the Israeli regime, under the supervision of extremist minister Itamar Ben-Gvir, has turned prisons and detention centers into “death chambers,” the ministry of detainees and ex-detainees’ affairs in Gaza says.

Violence, extreme hunger, humiliation, and other forms of abuse of Palestinian prisoners have been normalized across Israel’s jail system, reports indicate.

Over 270 Palestinian minors are being detained by Israeli authorities, in violation of UN resolutions and international treaties that forbid the incarceration of children, as reported by Palestinian rights organizations.

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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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