On Thursday, the Supreme Court delivered a split verdict in Karnataka hijab ban case.
The Apex Court said that there is divergent views on issues related to hijab ban in Karnataka's Pre-University Colleges.
Justice Hemant Gupta dismissed appeals challenging Karnataka High Court's order which had upheld the state government's order to ban wearing hijabs in educational institutions of the state while Justice Sudhanshu Dhulia ruled otherwise.
He framed 11 questions in his order answered all the questions against the appeals and thus proposed dismissal of the same.
On the other hand, Justice Dhulia was of the view that the judgement in Bijoe Emmanuel squarely covers the issue. He thus ordered quashing of the Government Order of February 5th and have ordered the removal of the restrictions.
"The main thrust of my judgment is the entire concept of essential religious practice was not essential to the dispute. The High Court took a wrong path. It is ultimately a matter of choice and Article 14 and 19. It is a matter of choice, nothing more and nothing less. The foremost question in my mind was the education of the girl child. Are we making her life any better? That was a question in my mind."
The matter has now been placed before the Chief Justice of India for appropriate directions. It will most probably be placed before a three-judge bench.
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(With input from news agency language)
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