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‘Will not permit forum shopping’, SC on pleas against K’taka HC verdict on hijab

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The Supreme Court on Monday expressed anguish at petitioners’ counsel seeking adjournment on a clutch of pleas against the Karnataka High Court judgment, which upheld the right of educational institutions to ban wearing of hijab in pre-university colleges in the state.

A bench comprising Justices Hemant Gupta and Sudhanshu Dhulia said this was not acceptable to the court as earlier petitioners’ wanted urgent listing but when the matter was listed, they want adjournment and this would not be allowed. Justice Gupta said, “We will not permit forum shopping…”

The bench made this observation following Solicitor General Tushar Mehta, representing the Karnataka government, submissions that the letter seeking adjournment on hearing of petitions have been circulated by petitioners.

The petitioners’ counsel submitted that lawyers have to come from all over India and some are from Karnataka. Justice Gupta said, “Karnataka is only 2.5 hours away”, and added that earlier petitioners wanted early hearing on the matter, but when it was listed before a bench, they want adjournment.

The petitioners’ counsel sought two weeks’ time. However, the bench replied that they have already asked for a hearing on the matter many times, and asked the counsel to argue the matter before the court. At this juncture, Mehta said the petitioners have sought early hearing on the matter at least six times. Justice Gupta said, “We will not permit forum shopping.”

Mehta said a counter affidavit may not be necessary as only questions of law are involved. After a brief hearing on the matter, the bench issued notice on the petitions and scheduled the matter for hearing next Monday.

On August 3, the top court agreed to set up a bench to consider a clutch of pleas against the Karnataka High Court judgment, which upheld the right of educational institutions to ban wearing of hijab in pre-university colleges in the state.

A counsel mentioned the matter before a bench headed by then Chief Justice N.V. Ramana. The Chief Justice told the counsel, “I will constitute a bench. One of the judges is not well”. The counsel urged the top court to fix a date in the matter, as petitions against the high court judgment were filed in March.

On July 13, advocate Prashant Bhushan mentioned the matter before a bench headed by then Chief Justice N.V. Ramana saying the petitions have not been listed for a long time. “The girls are losing out on their studies. This matter was filed long back,” Bhushan said. The Chief Justice had replied that it will be listed sometime next week. Bhushan mentioned the matter on behalf of the appellants who have challenged the high court verdict in the top court.

On March 24, the Supreme Court declined to give any specific date to hear a plea challenging the Karnataka High Court order, which dismissed all petitions seeking direction for permission to wear hijab in classrooms.

Senior advocate Devadutt Kamat mentioned one of the cases on behalf of a petitioner, a Muslim girl student, and sought urgent listing of the matter. Kamat insisted that exams are approaching and urged the court to urgent hearing on the matter.

A bench headed by Chief Justice N.V. Ramana said this has nothing to do with exams, and told Kamat not to sensationalise the matter. Kamat contended that the girl students are not being allowed to enter the schools, and they will lose one year. However, the bench moved on to the next item. On March 16, the Supreme Court declined to grant an urgent hearing on a plea challenging the Karnataka High Court order, which held that wearing of hijab by Muslim women does not form a part of essential religious practice in Islamic faith.

National News

Congress MP Imran Masood calls for banning liquor during Navratri

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Saharanpur, March 29: Congress lawmaker Imran Masood said on Saturday that not just meat shops, liquor establishments should be shut during the nine-day festival of Navratri and called for embracing and promoting the spirit of brotherhood and communal harmony.

“Everybody is demanding a ban on meat shops during Navratri. Why is no one asking for a ban on liquor shops? Why is there no outpouring on the free flow of liquor during Navratri? Will this not spoil the purity and sanctity of the festival?” Saharanpur MP said in a special interaction with media.

The Congress Parliamentarian said that peaceful celebration supersedes everything, and it is incumbent upon all communities to maintain decorum during festivities and also make certain sacrifices, be it Eid or Navratri.

Notably, Eid-ul-Fitr and Navratri are coinciding on the same day this year. Both festivals are set to fall on Monday, with little possibility of change in the Eid schedule on account of moon sighting.

Days ago, the Congress MP also extended support to the demands of a meat ban during Navratri celebrations. In an apparent message to the Muslim community, he said that nothing would change if one did not eat meat for ten days.

“What matters above everything is the peaceful co-existence of communities. At no point in time, the differences over food preferences lead to communal strife,” Masood told newspersons.

Congress MP, when asked questions on the party’s strategy for the Waqf (Amendment) Bill, said that the Opposition is fully prepared to take on the Centre on “partisan legislation”.

“We opposed the amendments in the JPC meeting, tooth and nail. We will strongly voice our dissent in Parliament too,” he said.

Notably, Union Home Minister Amit Shah said on Friday that the Waqf Bill will not be delayed any further and will be reintroduced in the ongoing session of Parliament.

Only four working days of the Budget Session are left, as it concludes on April 4.

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National News

‘PM Narendra Modi Relies On Crutches Of Nitish Kumar And Chandrababu Naidu To Pass Waqf Bill”: AIMIM Chief Asaduddin Owaisi

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Hyderabad: All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi spoke on the Waqf Amendment Bill 2024 and said that the BJP does not have a majority in the Lok Sabha, and if Chandrababu Naidu and Nitish Kumar oppose it, it won’t be passed.

While speaking to media, Asaduddin Owaisi said that PM Narendra Modi is relying on the crutches of Chandrababu Naidu and Nitish Kumar. He stated that Union Home Minister Amit Shah is spreading lies in the country regarding the Waqf Bill.

“Amit Shah is the Home Minister of the Government of India and his statement is proof of the fact that you trying to make an unconstitutional law which can be challenged in the court. This is a violation of the articles of the Constitution and the Waqf of the entire country will suffer because of it. You are removing the section of the Waqf property, who will benefit from it. You are omitting the revenue of lakhs of rupees. Amit Shah is lying to the country that you can challenge the Waqf Tribunal in the court. Prime Minister Narendra Modi relies on the crutches of Nitish Kumar and Chandrababu Naidu and if they do not support this unconstitutional bill, then this law will not be made”, Asaduddin Owaisi said.

Earlier on Friday, Owaisi supported the ‘black band’ protest against the Waqf (Amendment) Bill. Owaisi, who is also part of the JPC on the Waqf bill, joined in the symbolic protest on Friday by wearing a black armband as he offered prayers.

Meanwhile, Union Home Minister Amit Shah said on Friday that Waqf Amendment Bill, on which JPC has given its report, will be tabled in the Budget session of Parliament. The Budget session is slated to conclude on April 4.

“Nobody needs to get afraid of the Waqf Bill. In 2013, the Congress-led government passed the Waqf Bill and made several provisions that are not aligned with our Constitution. We are now trying to align the bill with constitutional principles,” he said.

Asked about Asaduddin Owaisi’s black arm band protest, Amit Shah said people have a right to do so. “Some do it through their clothes, some through their words. In Parliament, one opposes through logic,” he said.

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Crime

Accused in Saif Ali Khan stabbing case files bail plea, claims innocence

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Mumbai, March 29: Mohammad Shariful Islam Shahzad, the accused in the stabbing of Bollywood superstar Saif Ali Khan, has filed a bail petition in the Mumbai Sessions Court, asserting that he is innocent and the case against him is fabricated.

The attack took place in the early hours of January 16 when the accused allegedly entered Saif’s Bandra residence through his youngest son Jeh’s room.

The actor, who was reportedly trying to fend off the assailant, suffered multiple stab wounds. Despite his injuries, Saif managed to go to the hospital on his own, accompanied by his son Taimur.

Shariful Islam Shahzad’s petition, filed through his lawyer, claims that the FIR was wrongly registered and that he has fully cooperated with the police investigation.

His legal team argues that since all evidence is already in police custody, there is no risk of tampering, and therefore, he should be granted bail.

Currently, the case is being handled by the Bandra Magistrate Court, but it falls under the jurisdiction of the Mumbai Sessions Court. Once the police file a charge sheet, the case will be transferred to the Sessions Court. However, the charge sheet is yet to be filed.

According to media reports, doctors removed a 2.5-inch knife from Saif’s wound. The actor sustained six stab injuries, two of which were serious as they were near his spine.

The incident reportedly occurred around 2:15 am on January 16 when the accused broke into the house, attacked the house help, and then stabbed Saif when he intervened.

Saif was alerted by noises from Jeh’s room, where he found the accused in an altercation with the house help. Attempting to protect the staff, Saif fought off the intruder with his bare hands before being stabbed multiple times.

Investigations have revealed that the accused, a Bangladeshi national, intended to rob a wealthy individual to finance his mother’s medical treatment in his home country. He has a history of petty theft and was previously dismissed from restaurants in Worli and Thane for stealing.

It is also reported that the attacker was unaware of Saif Ali Khan’s celebrity status and targeted the residence purely because it was located in an upscale apartment complex.

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