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Hijab ruling will have effect on constitutional morality, individual dignity, AG to HC

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Karnataka Advocate General Prabhuling Navadgi on Tuesday told the High Court that the judicial decision on hijab will have binding on “constitutional morality” and “individual dignity”.

“When we impose, the element of choice of dress goes away. The woman will be obligated to wear that dress. It becomes compulsory,” he said in his concluding remarks before a three-judge bench, headed by Chief Justice Ritu Raj Awasthi, hearing the hijab row.

“Women cannot be subjugated to any form of dress code and she can’t be made to feel less equal and children of a lesser god. Judicial declaration of every woman of a particular religion to wear hijab, would it not violate the dignity? If it is a compulsion of an attire, it is impermissible on this day.

“We propose no ban on hijab, it should be left to the choice of the woman. Right to privacy cannot be enshrined in public. Institutional discipline is paramount. Dignity of women must also be kept in mind in a plural society,” Navadagi said.

He also quoted a Bollywood song: “Na muh chupake jiyo, na sar jhuka ke jiyo, gamon ka daur bi aaye toh muskura ke jiyo”.

He argued that it is entirely on the petitioner to prove that the practice of hijab is obligatory in nature and compulsorily followed in Islam. However, they have placed 144 Surahs of Quran to the court’s query and there is no record on table to show that the custom is obligatory and it is an element of compulsion which compels a member to be expelled from the community, he added.

“Wearing of dress is freedom of speech, as argued by the petitioners as their fundamental right under Article 19 (1) (a). However, Article 19 (1) (a) is subject to public order, decency under Article 19 (2). In the present case, the uniform rule is subjected to institutional restriction and it is subjected to institutional discipline not only in schools but also in hospitals, military establishments and others,” the AG submitted.

“The rule imposes reasonable restrictions on wearing a headscarf,” he said, adding that a uniform is being prescribed till Pre-University as they have “an impregnable mindset”.

“There is no restriction on campus to wear a hijab. Only during class hours, in the classrooms, it has been not allowed and anything beyond uniforms, irrespective of any religion, is not allowed,” he said.

As Navadgi mentioned the total ban on hijab by France and Turkey in public spaces, Justice Krishna S. Dixit, who is also on the bench, intervened and stated that it depends on the constitutional policy of every country. He then said that he only wanted to bring out that there is no prohibition as such in our country.

Reiterating that hijab is not an essential practice of Islam and can’t come under the Constitution’s Article 25. (Freedom of conscience and free profession, practice and propagation of religion) he sought to bring to the notice of the court that how this has been upheld by various High Courts and Supreme Court judgments.

Giving clear indications of an early verdict on hijab row, the bench had directed counsel to complete their arguments by this week.

Chief Justice Awasthi asked the Advocate General to complete his submissions at the earliest, and he said that he would complete his arguments on Tuesday.

CJ Awasthi informed all counsel that the bench wants to complete the hearing on the case by this weekend and directed them to keep the arguments brief. “Make positive endeavors to complete within this week only,” he said.

Senior advocate R. Venkataramani, appearing for teachers who have been made respondents in the case, maintained that there are no hierarchies of religions between teachers and students. “School environment is more important than a public place. There should be a free mind among students and all minds of children should be in unity for education,” he said.

“Whatever may be the assertion, if the state is in collision with public order, morality and health, it will stop. The state comes in through Article 25 (2) in the matters of religion and finance, when it comes to regulation. There is public space and qualified public space. School is a qualified public space,” he added.

Referring to the verdict of the South African court allowing the wearing of ‘nose ring’ to school there, he stated that the court did not make an emphatic statement of religion in the judgment. “Borrowing from foreign judgments could be problematic here, though we cannot close our eyes on them,” he held.

Senior advocate S.S. Nagananda, who also appeared for teachers, maintained that there is a fine line of distinction as far as culture and religion are concerned. “It is not possible for Muslims to give five time prayers, similarly, it is not possible for a Brahmin to perform Sandhyavandana three times. This practice of wearing hijab is not an essential religious practice. There are some practices, which are required to perform otherwise, they will have consequences,” he said.

Hearing will continue om Wednesday.

Crime

Mumbai: Man Stabbed To Death After He Intervenes To Settle Dispute In Sion Koliwada; Antop Hill Police Arrest 5

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Mumbai: Man Stabbed To Death After He Intervenes To Settle Dispute In Sion Koliwada; Antop Hill Police Arrest 5

Mumbai: A 22-year-old was murdered in the early hours of Friday in Mumbai’s Sion Koliwada area after an argument broke out over noise pollution. The Antop Hill police have registered an FIR in the case and so far five people have been arrested and further investigation is underway.

The incident took place around 12:30 am in Kokri Agar In Jai Maharashtra Nagar, Antop Hill. Vivek Gupta (22) was attacked with a knife and he succumbed to his injuries. As initial information available, a group of people were making noise causing disturbance on the street which lead to an argument broke out. Gupta had gone to resolve the dispute between the accused, however, angered over his interference, Gupta was attacked.

What started as a small fight soon escalated and Gupta was attacked with a knife. He was immediately taken to Sion Hospital, however, he succumbed to his injuries. He was pronounced dead at 3:30 am. The senior police officers of Mumbai Police Zone 4 were present at the hospital. The cops have so far arrested five suspects connected to this incident, and further investigation is underway.

The arrested accused are: Karthik R Mohan Devendra, Karthik Kumar Devendra, Vicky Muttu Devendra, Miniappan Ravi Devendra and the wife of Karthik R Mogan, the police informed. The case is registered under the relevant sections of the Bharatiya Nyay Sanhita.

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Crime

Mumbai: 6 Booked For Defrauding Stock Trader Of ₹1.5 Cr In Bitcoin Investment Scam

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Mumbai: The Bandra police have registered an FIR against six persons for allegedly defrauding a stock trader of nearly Rs 1.50 crore in a Bitcoin investment scam. The suspects fled even before the case was filed, prompting a manhunt. They have been identified as Abur Sode, Dhanjibhai Rawaria, Jishan Shaikh, Indrajit Latif, Abdul Latif, and Ramkumar Dharmak, all from Mumbai and Navi Mumbai.

The complainant in the case, Yogesh More, 50, is a resident of Parel and operates a stock trading business in the Marwari area in Bandra West. He met the accused three years ago, during which they introduced themselves as representatives of a company called Friptex Finsol, claiming to offer Bitcoin as a virtual currency.

Trusting them, More transferred around Rs42 lakh in cash and Rs1.08 crore via cheque to various bank accounts associated with the company for Bitcoin purchases between November 2021 and October 2024. Despite these payments, he did not receive the promised Bitcoins, and after multiple inquiries, the accused continued to evade him. Over the last three years, neither the Bitcoins nor a refund was provided.

Complaint Lodged At Bandra Police Station

Suspecting fraud, he began investigating and discovered that Friptex Finsol was a bogus company, and the accused had orchestrated a scam. He then lodged a complaint with the Bandra police. Following an initial inquiry, the police registered a case against six persons under sections 406 (criminal breach of trust), 420 (cheating), and 34 (common intention) of the Bharatiya Nyaya Sanhita.

A police officer said that the accused are from Mumbai and Navi Mumbai. “The preliminary inquiry has not revealed any past criminal history. We are searching for the accused,” the officer added.

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Crime

West Bengal: Youth Arrested For Rape Of Deaf & Mute Woman In South 24 Parganas’ Kultali

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Kolkata: A youth was arrested on the charges of raping a deaf and mute woman at a deserted building in Kultali in South 24 Parganas district of West Bengal.

Even as the main accused in the case has been arrested, the local people had been agitating claiming that a local Trinamool Congress panchayat chief Prahlad Nashkar allegedly pressurised family members of the victim to settle the matter against Rs 2,00,000.

However, Nashkar has denied the allegations, saying he was the first to reach the spot and inform the family members of the victim about the incident.

Complaint Filed

The victim’s family members filed a complaint on Wednesday evening. Thereafter, the police started an investigation and based on circumstantial evidence, the accused youth was arrested.

He will be presented at a district court in South 24 Parganas on Thursday only and the public prosecutor will seek his police custody, a district police official said.

Part Of Kultali & Jaynagar Turn Into Virtual Battlefields

In the first week of this month, part of Kultali and adjacent Jaynagar turned into virtual battlefields over violent protests by the local people over the rape and murder of a minor girl there.

At that point in time, the main allegation of the local people was against the police and the latter ignored the missing complaint by the parents of the victim. The local people also alleged that had the police been active in tracking the victim minor, the heinous crime could have been averted.

The protesters became violent and attacked the police station. A local police camp was ransacked and set on fire. The police had to resort to massive lathi-charge to dispel the mob then.

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