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Following its split verdict, the Supreme Court said on Monday that it will consider forming a three-judge bench to hear the case involving the wearing of the Islamic head covering in Karnataka schools.
A bench comprising of Chief Justice DY Chandarchud, Justices V Ramasubramanian and JB Pardiwala, took note of senior advocate Meenakshi Arora's submissions that an interim order was needed because of practical examinations scheduled for some classes starting 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.
On October 13, last year, a two-judge bench of the Supreme Court issued opposing verdicts in the hijab controversy, and urged the Chief Justice to constitute an appropriate bench to hear the case, which arose from a ban on wearing Islamic head scarves in Karnataka schools.
While Justice Hemant Gupta, since retired, had dismissed the appeals challenging the March 15 judgement of the Karnataka High Court which had refused to lift the ban, Justice Sudhanshu Dhulia held there will be no restriction on the wearing of hijab anywhere in the schools and colleges of the state.
Permitting a community to wear its religious symbols to schools will be an "antithesis to secularism," Justice Gupta had said, while Justice Dhulia insisted that wearing the Muslim headscarf should simply be a "matter of choice."
With the apex court delivering a split verdict, the high court's judgement still holds the field. However, the split verdict held off a permanent resolution of the row over hijab as both judges suggested placing the matter before a larger bench for adjudication.
On March 15, the high court dismissed the petitions filed by a section of Muslim students of the Government Pre-University Girls College in Karnataka's Udupi seeking permission to wear the hijab inside classrooms, ruling it is not a part of the essential religious practice in Islamic faith.
Several appeals were filed in the apex court against the verdict.
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