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

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4 years ago

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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.

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Crime

‘Cash-for-query’ row: Lokpal gets 2 more months to decide on CBI sanction against Mahua Moitra

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2 days ago

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January 23, 2026

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New Delhi, Jan 23: The Delhi High Court on Friday granted the Lokpal of India a final extension of two months to decide on granting sanction to the Central Bureau of Investigation (CBI) to file a charge sheet against Trinamool Congress (TMC) MP Mahua Moitra in connection with the alleged cash-for-query row.

A Bench of Justices Anil Kshetarpal and Harish Vaidyanathan Shankar allowed the application moved by the Lokpal seeking additional time, clarifying that no further extension would be granted to the anti-corruption body.

“The period of disposal is extended by two months, while observing that no further request for extension of time shall be entertained,” the Justice Kshetarpal-led Bench ordered.

Remarking that any further delay in deciding the issue would not be acceptable, it stressed that the Lokpal must strictly follow the stipulated timeline.

The present order came on a plea filed by the Lokpal after it failed to take a fresh decision within the earlier time frame fixed by the Delhi High Court.

In an order passed on December 19, 2025, the Justice Kshetarpal-led Bench set aside the Lokpal’s sanction allowing the CBI to file a charge sheet against Moitra, holding that the anti-corruption watchdog had misinterpreted provisions of the Lokpal and Lokayuktas Act, 2013.

Allowing Moitra’s plea against the sanction order, the Delhi High Court accepted her contention that the Lokpal had failed to properly consider the statutory requirement of examining the comments and material submitted by the public servant before granting sanction. It had directed the Lokpal to reconsider the issue afresh within one month.

However, as the Lokpal did not arrive at a decision within the prescribed period, the anti-corruption body approached the Delhi High Court seeking an extension of time.

The case arose from allegations levelled by Bharatiya Janata Party (BJP) MP Nishikant Dubey, who accused Moitra of accepting cash and luxury gifts from Dubai-based businessman Darshan Hiranandani in exchange for raising questions in the Parliament.

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Crime

Mumbai Crime: Borivali Businessman Duped Of ₹5.10 Crore In Fake MCX Gold Trading Scam; 4 Booked

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2 days ago

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January 23, 2026

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Mumbai: An FIR has been lodged against four people for allegedly cheating a Borivali businessman of Rs 5.10 crore in afake MCX gold trading scheme. The complainant, Vishmani Tiwari, 52, runs a solar company.

In 2010, while living in Thakur Village, Kandivali East, he met Nitesh Mehta, 47, who owned a jewellery shop nearby. Tiwari regularly bought ornaments from Mehta. In January 2023, Mehta and his wife Mukta invited Tiwari to their Monika Jewellers shop.

They claimed they traded gold, silver and diamonds on MCX and pr o mised 40% returns on investments routed through their shop. The scheme was allegedly managed by Nitesh’s father, Shantilal Mehta. Tiwari was convinced and also persuaded two friends to invest.

Tiwari gave Mehta 4.6 kg of gold ornaments worth Rs 4.40 crore and Rs 70 lakh cash. In October 2025, when Tiwari asked for details, Mehta began avoiding him. Visits to the shop were met with excuses about a sick relative. Tiwari later learned his friends had also been duped.

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Crime

Badlapur Horror: School Van Driver Arrested For Alleged Molestation Of 4-Year-Old Girl

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2 days ago

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January 23, 2026

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Thane: The Badlapur West police arrested a 37-year-old school van driver for the alleged molestation of a four-year-old girl. The arrest, which took place late Thursday night, comes amid heightened sensitivity in the region regarding student safety. Badlapur cops confirmed that the accused has been booked under the relevant sections of the Protection of Children from Sexual Offences (POCSO) Act and is scheduled to be produced in court on Friday.

The victim is a Junior KG student at an English medium school located approximately three kilometres from her residence. According to an Media report, the incident occurred on Thursday afternoon while the accused was dropping the child home after school hours. The girl was reportedly the last student remaining in the van when the driver allegedly touched her inappropriately.

Upon returning home, the child appeared visibly frightened and initially refused to speak with her parents. Sensing that something was wrong, the parents eventually took the child into confidence, at which point she revealed the details of the ordeal. The family later approached the Badlapur West police station to lodge a formal complaint, leading to the immediate dispatch of a police team to the driver’s residence and arrest him.

The police intend to seek custody of the accused to carry out a deeper investigation into his background, after he is produced in the court today. Officials stated that once custody is secured, they will investigate how long he has been working as a driver and whether he has a prior criminal record or a history of similar incidents. The authorities are looking to verify if any lapses occurred in the vetting process for the school’s transport services.

This case has reignited concerns in Badlapur, a town that saw widespread protests in August of last year following the sexual assault of two four-year-old girls by a cleaning staff member at a private school. That previous incident, which was marked by public outrage over a perceived delay in police action, ended with the accused being killed in a police encounter.

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