On Monday, August 29, the Supreme Court of India heard a batch of petitions challenging the validity of the ban on wearing hijabs (traditional Islmaic headscarves) in educational institutions in Karnataka, reported LiveLaw.

Several attempts were made over the last three months by the different lawyers to seek urgent posting before the Court. Finally, the Court was set to hear the batch of petitioners today when the court was informed by the Solicitor General Tushar Mehta about the letter of adjournment circulated by the petitioners.

A bench comprising Justices Hemant Gupta and Sudhanshu Dhulia reportedly remarked, “This is not acceptable to us. You wanted urgent listing and when the matter is listed, you want adjournment. We will not permit forum shopping.”

The counsel appearing for the petitioners justified their request for adjournment stating that the advocates were coming from all over India. To this, the Judge remarked that Karnataka was only two and a half hours away (by air from Delhi where the Supreme Court is located).

As Solicitor General Tushar Mehta pointed out that the matter was mentioned at least six times for urgent listing, the petitioners explained that the onset of exams was the reason for the urgency. SG Mehta retorted, “So you mentioned without making preparations?”

Accordingly, the Court refused to give two weeks’ time requested by the petitioners and posted the matter on September 5, 2022.

A batch of 23 petitioners was listed before the bench including writ petitions filed directly before the Supreme Court seeking the right to wear hijab for Muslim girls students and some other special leave petitions which challenge the judgement of the Karnataka High Court dated March 15 which upheld the hijab ban.

Brief background of the case

The hijab controversy had originally erupted in wake of a Government Order issued on February 5 against the wearing of religion specific clothing in schools and pre-university colleges where a uniform has been prescribed. What followed was harassment of hijab-wearing girls on school and college campuses across the state.

Some were surrounded and heckled, others faced intimidation tactics by members and supporters of right-wing Hindutva groups. Some were even denied entry into educational institutions until they removed the traditional headscarf.

The contentious matter underwent several hearings in the Karnataka High Court that examined the following key questions:

• Whether wearing hijab is essential practice in Islamic faith, protected under Article 25 of the Constitution?
• Whether prescription of school uniform is not legally permissible as being violative of petitioner’s fundamental rights in alia guaranteed under Article 19 (1) (a) that is Freedom of Expression an dArticle 21 that is Privacy, of the Constitution?
• Whether the Government Order dated February 2, 2022, apart from being incompetent is issued without application of mind and further is manifestly arbitrary and therefore violates articles 14 and 15 of the Constitution?
• Whether any case is made out in WP 2146 of 2022 for the issuance of direction for initiating disciplinary enquiry against respondent no. 6 to 14 and for issuance of Writ of Quo warranto against respondent no. 15 and 16?

The high court ruled that no case was made out for invalidating the Feb 5 Government Order.

Related:

Walkouts, objections, after Karnataka HC verdict on Hijab, but BJP netas hail it
Hijab case verdict based on erroneous interpretation of Holy Quran: SKJU
Jamia students protest hijab ban, gov’t deploys paramilitary forces
Karnataka: Why is the BJP gov’t endorsing “Congress time rule” prohibiting non-Hindu vendors on temple land?
BREAKING: Wearing of Hijab not essential religious practice: Karnataka HC

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The Muslim bangle seller in Indore, Taslim Ali, has been in jail for over two months now. After being brutally beaten up by a mob publicly for his religious identity in Indore, he was implicated in an alleged molestation case and charged under the Protection of Children from Sexual Offences (POCSO) Act.

Since Ali has applied for bail in the Madhya Pradesh High Court, his hearing has been adjourned twice on the request of the government, and once on his own lawyer’s request. His bail hearing is now posted for hearing on November 9, increasing his incarceration by ten more days.

On August 22, he was thrashed by a mob, with his wares looted. In the video that did the rounds online, one could see that someone was tugging at his shirt and other men were emptying his bag full of bangles he meant to sell to find out what he is carrying in his bag. After finding just multiple packs of bangles the man calls out to women in the market and asks them to come and pick up as many bangles as they want.

After this news broke out, the state Home Minister Narottam Mishra had told reporters that he was selling bangles to women by posing as a Hindu and eventually a case was registered against the young man, who was a victim of the mob assault.

He was arrested on the complaint of the Class VI student who stated that the man introduced himself as Golu son of Mohar Singh (instead of Taslim Ali) and molested her while her mother had gone inside the house to get money to pay for the bangles purchased.

A case was registered against him under sections 354 (Assault or criminal force to woman with intent to outrage her modesty), 354A (Sexual harassment and punishment for sexual harassment), 467 (Forgery of a valuable security), 468 (forgery for purpose of cheating), 471 (Using as genuine a forged), 420 (cheating) and 506 (criminal intimidation) of IPC as well as under Protection of Children from Sexual Offences (POCSO) Act.

His matter was first called out on October 4, where the government asked for more time to file their replies. The order delivered by Justice Pranay Verma said, “As prayed by the learned counsel for the respondent/State, list the matter on 08.10.2021.”

On October 8, the counsel for the government argued that they needed a week’s time to produce the case diary. This delayed Taslim’s bail hearing to two weeks as the next hearing was scheduled to take place on October 25.

As another dilatory tactic, on October 25, the government informed the court that the case diary was available but the case diary of cross case was not in their possession. This led the court to adjourn the matter to October 28. Yesterday, on October 28, the high court again adjourned the matter for hearing till November 9, but this was a request from Ali’s lawyer Ehtesham Hashmi.

On the other hand, Ali’s attackers, who were caught in a video assaulting him, are already out on bail. As per media reports, 14 people were booked for assault.

According to an Article 14 report, the 25-year-old Ali’s wife and five children have been depending on relatives and friends for food and care, in addition to the mental trauma of complicated legal procedures. While Ali’s younger brother Salman is home, another brother, Jamal, is busy making the rounds of advocates and courts every day in Indore, as per the publication.

Taslim Ali moved the high court, when in August, the sessions court had denied him bail after ruling that the allegations against him were of grave nature.

The orders may be read here:

Related:

Hate Watch: Muslim bangle seller thrashed, wares looted in Indore
Indore: Muslim bangle seller beaten by mob, denied bail in molestation case

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