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Supreme Court to consider setting up 3-judge bench to hear Karnataka Hijab ban row

Jan 23, 2023, 01:44 pm

The Supreme Court today said it will consider setting up a three-judge bench to adjudicate the case related to the wearing of the Islamic head covering in Karnataka schools following its split verdict.

A bench comprising Chief Justice DY Chandarchud, and Justices V Ramasubramanian and JB Pardiwala, took note of the submissions of senior advocate Meenakshi Arora that an interim order was needed keeping in mind the practical examinations, scheduled for some classes from February 6 in the state.

"This is the headscarf matter. The girls have practical examinations from February 6, 2023 and this matter needs to be listed for interim directions so that they can appear. The practical examinations will be held in government schools," the senior lawyer said, appearing for some students.

"I will examine it. This is a three judge bench matter. We will allot a date," the CJI said.

A two judge bench of the apex court had on October 13, last year delivered opposing verdicts in the hijab controversy, and urged the Chief Justice to constitute an appropriate bench to adjudicate the case that stemmed from a ban on wearing of Islamic head covering in Karnataka schools.

The top court had earlier given a verdict on various petitions challenging the Karnataka High Court order which upheld the ban on Hijab in educational institutes.

Justice Hemant Gupta dismissed the appeal while Justice Sudhanshu Dhulia allowed it. The matter was thereafter referred to the Chief Justice of India for appropriate direction due to divergent opinions.

The judgement was given by a two-judge of justices Hemant Gupta and Sudhanshu Dhulia.

The court was hearing various pleas against Karnataka HC's judgement upholding the Karnataka Government's decision to direct educational institutes to prescribe uniforms in educational institutes.

Various petitioners have approached the apex court challenging the Karnataka HC order upholding the Karnataka government's order which directs strict enforcement of schools and colleges' uniform rules.

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