Karnataka hijab row: CM appeals for calm ahead of High Court hearing today

Incidents of stone-pelting and use of force by police were reported on Tuesday as the hijab row in Karnataka escalated and protests by students spread to more colleges prompting the state government to declare a three-day holiday for all educational institutions. Amid tension and violence at educational institutions in the state, the Karnataka High Court today adjourned, to Wednesday (today), the hearing of petitions on questioning denial of permission to hear hijab to classrooms by Udupi Pre-University College students and others for Wednesday. The single bench of Justice Krishna S Dixit also requested the student community to maintain peace in the state. The court will take up the matter today at 2.30 pm. As the Karnataka High Court and Chief Minister Basavaraj Bommai appealed to all students and people to maintain peace and calm, Primary and Secondary Education Minister BC Nagesh claimed that according to a report, the Campus Front of India (CFI) is said to have incited the hijab row, and this will be investigated. CFI is the student wing of the Islamic outfit Popular Front of India (PFI).

• The whole situation was under control till February 1, only when some political parties instigated it there was a reaction from the other section of society. We appeal to students not to take law into their hands, said State Primary & Secondary Education Minister.
• There was a report that the national flag was lowered and in place of that a saffron flag was put up but there was no national flag on the pole. Only a saffron flag was hoisted on top of the pole and later they removed it themselves, said Shivamogga SP BM Laxmi Prasad.
• We registered 3 FIRs in the matter. Out of which one FIR was registered in connection with stone-pelting at government degree college, where 2 persons sustained injuries, Prasad said.
• Police behaved very patiently because these are all student crowd, we’ll continue to do the same but if any external elements are found we’ll take very strict legal action, Prasad added.
• In the Shivamogga district, and police had to intervene to bring the tense situation under control. Police have detained some people including students. Prohibitory orders under Section 144 of CrPC were clamped in Shivamogga city for two days.
• At the hearing on Tuesday, the bench asked counsel to present their arguments briefly, saying arguments and counter-arguments can’t be heard till the end of the academic year.
• Justice Dixit has also observed that the court has confidence in the discretionary power of the public and students.
• Advocate General Prabhuling Navadagi, appearing for the government, will present his arguments before the bench on Wednesday. However, the bench did not accept his request to give an interim order to stop protests until the matter is heard by the court.
• Counsel appearing for petitioners seeking permission to wear hijab submitted to the court that the Kerala High Court judgment, ruling against wearing of hijab, is related to the issue of a Christian college, and has no links with the Karnataka case.
• “The religious right is as much the right of students also. The state government has referred the verdict of Bombay High Court in Fathima Sayeed case. In that case Fathima had sought relief from the Bombay High Court as she was not allowed to attend college in hijab. The court had ruled against her appeal as it was a girl’s college. That cannot be implied here as the state government has implemented the rule in all colleges,” Devdutt Kamath, counsel for the petitioner, said.
• “Hijab is an integral part of Islam. It is used to cover the neck and hair. All Muslim scholars have agreed upon this fact. The government can say wearing hijab is right or wrong but it can’t prevent students from wearing hijab. If the government wants, it can give a colour to the issue. All religious faiths could also be dubbed in a certain way. The government is giving colour to the hijab issue in the pretext of maintaining a law and order situation. If a Sikh is wearing a turban, Brahmin is wearing a tilak, how is the law and order situation affected?” he questioned.
• “Can wearing of tilak be stopped if anyone is feeling bad? The act of wearing a hijab to sit in a separate room is a violation of fundamental rights. Article 14 is there for our protection. Everyone is equal before the law,” he said.
• At this stage, Advocate General Navadagi objected, alleging counsel is making charges without any basis and it can prove dangerous for the society. He said that one should not give statements which indicate that there are attacks on all hijab-wearing students.
• Kamath stated that it is “religious untouchability” and a separate affidavit has been filed on that matter. He also asked the government counsel not to set aside his right to freedom of expression. Quoting the verdicts of Malaysia and US courts, he stressed that the sweeping decision to ban protests would be against Article 19 of the Constitution.
• The bench, at this point, observed that it is important to see whether the same feelings prevail here, while the judgments of foreign countries are being quoted.

News Credit: India TV News