Hijab row: SC refuses to intervene as Kapil Sibal seeks transfer of case from Karnataka HC

In an unforeseen move on Thursday, Congress MP Kapil Sibal mentioned a matter seeking the transfer of the plea challenging the Hijab ban in classrooms pending in the Karnataka High Court to the Supreme Court before the CJI-led bench. This came even as a three-judge bench of the HC comprising Chief Justice Ritu Raj Awasthi, Justices Krishna Dixit and JM Khazi is scheduled to hear the matter at 2.30 pm today.

As per the single-judge bench order, the larger bench will also consider the possibility of granting interim relief to the petitioners who sought permission to attend classes while wearing a Hijab.

Demanding that the matter be referred to a 9-judge bench of the SC, Sibal observed, "This deals with what's happening in Karnataka. It's spreading all over the country. In the meantime exams are two months away". While the senior advocate asked the matter to be listed, the CJI declined to say, "The problem is now if we list the matter, the High Court will never hear it. Wait for one or two days".

Elaborating on his argument, the senior Congress leader added, "Problem is, schools and colleges are closed. Girls are being stoned. It’s spreading across the country". However, the bench emphasised that it was not making any observations pertaining to the merits of the case but made it clear that the HC should get more time to hear the case. Thus, it declined to urgently list the matter mentioned by Sibal. 

Earlier in the day, Kapil Sibal stoked a row by linking the controversy over Hijab in Karnataka to the Assembly elections in Uttar Pradesh, Uttarakhand, Manipur, Goa and Punjab. Taking to Twitter, the Rajya Sabha MP launched a veiled attack on BJP citing that it was trying to wedge a divide in the society to accrue political gain in the polls. He opined, "Those who spread poison by hiding their intentions, they are anti-national if you see their real face". 

What is the matter pending in HC?

The HC is hearing a petition filed by 5 students of the Government P.U. College for Girls, Udupi. They demanded the right to attend classes while wearing a Hijab citing constitutional provisions and a direction to the effect that it is an "essential practice" of Islam. Opposing this plea, the Karnataka government pointed out that the petitioners and parents were fully aware of the uniform system in the P.U. College at the time of admission. Clarifying that it is not against any religious practice, it stated that the purpose of the uniform is to maintain equality among the students and maintain dignity, decorum and discipline in the classroom.