Hijab ban case: SC issues notice to Karnataka govt; next hearing on Sept 5

News Network
August 29, 2022

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New Delhi, Aug 29: The Supreme Court of India today sought response from the Karnataka government on pleas challenging the high court verdict refusing to lift the ban on hijab in educational institutions of the state.

A bench of Justices Hemant Gupta and Sudhanshu Dhulia issued notice to the state on the pleas and posted them for hearing on September 5.
 
The bench also pulled up the petitioners, who sought adjournment in the matter, and said it would not permit "this kind of forum shopping".

Solicitor General Tushar Mehta said he would accept notice in the bunch of petitions and added, there is no need for a response affidavit.

Mehta said since the case involved a pure question of law, no reply affidavit from Karnataka govt is needed. He told SC petitioners had mentioned 6 times seeking urgent hearing.

Petitioners through Mohd Nizamuddin Pasha said urgent hearing was sought when exams were round the corner.

Pasha and other advocates said they need to prepare with the case. The SC said "you were mentioning for urgent hearing without being prepared with the case?"

One of the appeals in the top court has alleged "step-motherly behaviour of government authorities which has prevented students from practising their faith and resulted in an unwanted law and order situation".
The appeal said the high court in its impugned order "had vehemently failed to apply its mind and was unable to understand the gravity of the situation as well as the core aspect of the Essential Religious Practices enshrined under Article 25 of the Constitution of India".

"Wearing of hijab or headscarf is a practice that is essential to the practice of Islam," it has added. Karnataka high court in March had held that the prescription of uniforms is a reasonable restriction that students could not object to and dismissed various petitions challenging a ban on hijab in education institutions saying they are without merit.

The hijab row had erupted in January this year when the Government PU College in Udupi allegedly barred six girls wearing the hijab from entering. Following this, the girls sat in protest outside college over being denied entry. After this, boys of several colleges in Udupi started attending classes wearing saffron scarves.

This protest spread to other parts of the state as well leading to protests and agitations in several places in Karnataka. As a result, the Karnataka government said that all students must adhere to the uniform and banned both hijab and saffron scarves till an expert committee decides on the issue.

On February 5, the pre-University education board released a circular stating that the students can only wear the uniform approved by the school administration and that no other religious attire will be allowed in colleges.

The order stated that in case a uniform is not prescribed by management committees, then students should wear dresses that go well with the idea of equality and unity, and do not disturb the social order.

A batch of appeals was filed against the government's rule in the Karnataka High Court by some girls seeking permission to wear the hijab in educational institutions.

On February 10, the high court had issued an interim order stating that students should not wear any religious attire to classes till the court issues the final order.

The hearings related to the Hijab case concluded on February 25 and the court had reserved its judgement.

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News Network
September 12,2024

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Prime Minister Narendra Modi's visit to CJI D Y Chandrachud's house for Ganesha puja celebrations has raised doubts in the mind of Shiv Sena (UBT) leader Sanjay Raut, who questioned whether he would deliver 'justice' in the ongoing case the party has in the Supreme Court, given that the PM is the other party in the case.

Speaking to ANI, Raut said "Ganpathi festival is going on, people visit each other's houses. I don't have info regarding how many houses PM visited so far...but PM went to CJI's house and they together performed 'Aarti'."

He said that a custodian of the Constitution meeting politicians could raise doubts in the minds of people.

"In our case, other party is the central govt...Chief Justice should distance himself from this case because his relation with the other party in the case is openly visible," Raut continued.

He also raised questions if the CJI be able to give them justice in the case. "We are getting dates after dates and an illegal govt is going on...Shiv Sena and NCP were broken in such a way...we are not getting justice and PM Modi is taking a lot of interest in the illegal govt of Maharashtra, to save them," the Sena (UBT) leader continued.

Raut alleged that a doubt had been formed in Maharashtra's mind given the 'bond' the PM and the CJI seem to share.

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News Network
September 20,2024

Starting in the 2025-26 academic year, private universities in Karnataka offering professional courses will no longer conduct separate entrance exams. This decision follows a directive from the state’s Higher Education Department, prompting private universities to form an association and agree to this significant change.

In a recent meeting with Higher Education Minister Dr. M. C. Sudhakar, representatives from 17 private universities confirmed their decision to discontinue individual entrance tests. Of the 27 private universities in the state, 17 offer professional courses, and they have collectively agreed to accept scores from existing national or state-level entrance exams.

“Some universities will consider JEE scores, others will rely on KCET, and a few are inclined towards COMEDK,” Dr. Sudhakar stated, leaving the choice of examination to the universities themselves. However, the department has also suggested that the universities consider a unified entrance test for admissions.

Looking ahead, Dr. Sudhakar hinted that the government may introduce a common entrance test for general degree courses at private universities as well. "As government colleges and universities currently don’t require entrance exams for general degree courses, we haven’t made any decisions on this yet," he explained.

The meeting also addressed concerns over the high fees charged by private universities. To regulate this, the universities were instructed to establish fee fixation committees, headed by retired judges, as required by law. These committees will be responsible for determining tuition fees. Additionally, the government will continue to regulate fees for 40% of seats in professional courses that are filled through KCET.

In an effort to bring greater uniformity among private institutions, the government is considering enacting a common law for all private universities, which would replace the individual acts currently governing each university. This would place all private universities under a single regulatory framework.

This move is expected to streamline the admissions process and create a more standardized system for both professional and general degree programs across Karnataka's private universities.

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News Network
September 13,2024

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In a huge relief for Delhi Chief Minister Arvind Kejriwal ahead of the Haryana elections, the Supreme Court has granted him bail in the Delhi excise policy case. The AAP chief will now be released from jail, six months after his arrest by the Enforcement Directorate on March 21. He was subsequently arrested by the CBI in June.

Here are some of the Supreme Court's key quotes:

•    Perception also matters and CBI must dispel the notion of being a caged parrot and must show it is an uncaged parrot. CBI should be like Caesar's wife, above suspicion. 

•    "No impediment in arresting person already in custody. We have noted that CBI in their application recorded reasons as to why they deemed necessary. There is no violation of Section 41A (3) of Code of Criminal Procedure," said Justice Surya Kant.

•    Justice Ujjal Bhuyan, however, noted, "CBI did not feel the need to arrest him (Mr Kejriwal) even though he was interrogated in March 2023 and it was only after his ED arrest was stayed that CBI became active and sought custody of Mr Kejriwal, and thus felt no need of arrest for over 22 months. Such action by the CBI raises serious question on the timing of the arrest and such an arrest by CBI was only to frustrate the bail granted in ED case."

•    Submission of additional solicitor general cannot be accepted that appellant has to first approach trial court for grant of bail. Process of trial should not end up becoming a punishment. Belated arrest by CBI is not justified.

•    Regarding building a public narrative of a case... Arvind Kejriwal shall not make any public comments about this case and be present for all hearings before trial court unless exempted.

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