New Delhi: The Supreme Court on Thursday delivered a split verdict on a clutch of petitions filed against the Karnataka High Court order upholding the Karnataka BJP government's order banning Hijab in schools, colleges and other educational institutions.
The judgment was delivered by a bench comprising Justices Hemant Gupta and Sudhanshu Dhulia.
In his order, Justice Sudhanshu Dhulia set aside the Karnataka High Court judgment and held that the entire concept of essential religious practice was not essential to the dispute.
"It (wearing of hijab) is a matter of choice, nothing more and nothing less," said justice Dhulia.
He added that he has quashed the government order of February 5 and has ordered the removal of the restrictions.
"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," he said.
Expressing the divergence in his opinion, Justice Hemant Gupta on the other hand dismissed the 26 appeals filed against the judgment of the Karnataka High Court which held that hijab was not an essential practice of Islam and allowed the ban on wearing headscarf in educational institutions in the State.
Justice Gupta said that "in view of divergent opinion, let the matter be placed before the CJI for appropriate directions".
After 10 days of marathon hearings, on September 22 the top court had reserved the judgment for Thursday.
The bench heard the arguments from the counsels representing the state government, teachers, and the petitioners, who moved the apex court challenging the Karnataka High Court verdict refusing to lift the ban on hijab in educational institutions of the state.
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