The single bench of Justice Krishna Dixit has referred the Hijab row to a larger bench of the Karnataka high court.
Reading the order, Justice Dixit said that the matter would now be placed before the chief justice of Karnataka to consider the constitution of a larger bench. The high court is hearing a petition filed by six girl students of Government PU College, Udupi, who were prevented from attending classes because they were wearing the hijab (headscarf). The girls petition prays for an order to direct the college not to “interfere with their fundamental right to practise their religion”.
On Wednesday, in a packed court hall, as several advocates pleaded to make an observation, Justice Dixit asked the registry to place the papers before Chief Justice for consideration “immediately”, considering the urgency of the matter as reiterated by the advocates.
“Having regard to the enormity of questions which were debated, the court is of the considered opinion that the papers be put at the hand of Chief Justice to decide whether a larger bench can be constituted in the subject matter” he said.
The court refused to give an interim order either and said that even this has to be addressed by a larger bench.