The Supreme Court on Friday declined to urgently list for hearing an appeal filed against the “ad-interim order” of the Karnataka High Court over the hijab controversy and advised parties not to spread the controversy to larger levels.
“Don’t spread these things to larger levels… We also know what is happening there… And you also have to think over whether it’s proper to bring those things to Delhi, national level issues and all that,” Chief Justice of India N V Ramana told senior advocate Devadatt Kamat, who pointed out that a Special Leave Petition (SLP) has been filed against the Karnataka High Court’s directions and requested that it be taken up urgently.
Kamat contended that it involved legal issues which the apex court must examine. “Definitely we will examine. Definitely if there is something wrong we will definitely protect. We have to protect the constitutional rights of everyone…,” the court said.
As the senior counsel sought to explain the issue involved, the Chief Justice of India told him, “Mr Kamat, no need to go into the merits… Let us see. At appropriate time definitely we will interfere.”
Kamat urged the bench to list it for hearing on February 14, but the Chief Justice reiterated, “we will take up at appropriate time. Leave it at that”.
At the outset, Kamat pointed out that the appeal had been filed and said, “I would say it’s rather strange. HC says none of the students should disclose any religious identity when they go to school or college. This has far-reaching implications not only for the Muslim community, but also other faiths. For eg. Sikhs wear turbans when they go to schools or colleges. The HC, by an ad-interim order and in the midst of arguments, says that we direct that all the students should go without disclosing any of their religious identity. Our respectful submission is this, in effect, is a complete suspension of Article 25 as far as our clients are concerned. So Lordships may kindly hear us as to what is the interim arrangement…”.
Intervening, the Chief Justice said, “Already the high court is hearing on an urgent basis. We don’t know what the order is”.
At this point, Solicitor General Tushar Mehta, appearing for the state, said, “the order has not yet come out” and added “my learned friend should have pointed out”.
“Yes yes, I have stated that in the SLP,” Kamat responded.
This had the CJI asking, “then what is it that we can do?” and added “wait, let us see”.
Kamat contended that the matter “has far reaching implications” and said “all the colleges have been closed”. He added, “whatever interim arrangement your Lordships decide will be acceptable to everyone. Kindly hear us on Monday…”.
The CJI, however, replied, “Mr Kamat, I don’t want to express anything. Don’t spread these things to larger levels…”
“Exactly, that’s our purpose… Let us not make it political, let us not make it communal. Let the HC decide the Constitutional plea,” the SG said.
CJI Ramana then added, “Mr Kamat, we are watching. We also know what is happening there in the state as well as in the hearings also. And you also have to think over whether it’s proper to bring those things to Delhi, national level issues and all that”.
To this, the senior counsel said “these are purely legal questions” and that the court has to examine them, but the court cut him short and said it will take up the matter at the appropriate time.
The Supreme Court on Friday declined to urgently list for hearing an appeal filed against the “ad-interim order” of the Karnataka High Court over the hijab controversy and advised parties not to spread the controversy to larger levels. “Don’t spread these things to larger levels… We also know what is happening there… And you also have to think over whether it’s proper to bring those things to Delhi, national level issues and all that,” Chief Justice of India N V Ramana told senior advocate Devadatt Kamat, who pointed out that a Special Leave Petition (SLP) has been filed against the Karnataka High Court’s directions and requested that it be taken up urgently. Kamat contended that it involved legal issues which the apex court must examine. “Definitely we will examine. Definitely if there is something wrong we will definitely protect. We have to protect the constitutional rights of everyone…,” the court said. As the senior counsel sought to explain the issue involved, the Chief Justice of India told him, “Mr Kamat, no need to go into the merits… Let us see. At appropriate time definitely we will interfere.” Kamat urged the bench to list it for hearing on February 14, but the Chief Justice reiterated, “we will take up at appropriate time. Leave it at that”. At the outset, Kamat pointed out that the appeal had been filed and said, “I would say it’s rather strange. HC says none of the students should disclose any religious identity when they go to school or college. This has far-reaching implications not only for the Muslim community, but also other faiths. For eg. Sikhs wear turbans when they go to schools or colleges. The HC, by an ad-interim order and in the midst of arguments, says that we direct that all the students should go without disclosing any of their religious identity. Our respectful submission is this, in effect, is a complete suspension of Article 25 as far as our clients are concerned. So Lordships may kindly hear us as to what is the interim arrangement…”. Intervening, the Chief Justice said, “Already the high court is hearing on an urgent basis. We don’t know what the order is”. At this point, Solicitor General Tushar Mehta, appearing for the state, said, “the order has not yet come out” and added “my learned friend should have pointed out”. “Yes yes, I have stated that in the SLP,” Kamat responded. This had the CJI asking, “then what is it that we can do?” and added “wait, let us see”. Kamat contended that the matter “has far reaching implications” and said “all the colleges have been closed”. He added, “whatever interim arrangement your Lordships decide will be acceptable to everyone. Kindly hear us on Monday…”. The CJI, however, replied, “Mr Kamat, I don’t want to express anything. Don’t spread these things to larger levels…” “Exactly, that’s our purpose… Let us not make it political, let us not make it communal. Let the HC decide the Constitutional plea,” the SG said. CJI Ramana then added, “Mr Kamat, we are watching. We also know what is happening there in the state as well as in the hearings also. And you also have to think over whether it’s proper to bring those things to Delhi, national level issues and all that”. To this, the senior counsel said “these are purely legal questions” and that the court has to examine them, but the court cut him short and said it will take up the matter at the appropriate time.