Wearing hijab a matter of choice, SC judge says, sets aside Karnataka HC order in a split verdict

. Justice Dhulia says wearing hijab just a matter of choice

.Justice Gupta dismisses appeal against Karnataka High Court

. After split verdict, Case  goes to CJI

New Delhi: Wearing hijab was a matter of choice, one of the two judges on the Supreme Court bench hearing the controversial matter today observed, setting aside the Karnataka High Court judgment that upheld the ban on wearing the head scarf by Muslim girls imposed by educational institutions in Karnataka.

The High Court had taken the view that hijab was not an essential practice of Islam
Justice Sudhanshu Dhulia said that the entire concept of essential religious practice was not essential to the dispute.

“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.

Taking a divergent view, Justices Hemant Gupta dismissed the 26 appeals challenging the Karnataka High Court judgment,

Justice Dhulia said he has set aside the Karnataka High Court order and quashed the Karnataka government order of February 5, 2022, and given directions for lifting of the restrictions.

Justice Hemant Gupta said that as the opinions differ, the matter should be placed before the Chief Justice of India for appropriate directions.

The case has now been referred to CJI.

The judgment would mean the restrictions on hijab in classrooms as per the state government’s February 5 order would continue for now.

The bench had reserved the judgment on September 22 after hearing arguments for ten days.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.

—-INDIA NEWS STREAM