Crime
K’taka HC upholds ban on hijab in schools & colleges, dismisses all petitions
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The Karnataka High Court’s special bench on Tuesday dismissed all petitions seeking direction for permission to wear hijab in classrooms.
The HC also stated that “wearing of hijab is not an essential part of Islam. Prescription of uniform is constitutional and students can’t object to it.” Chief Justice Ritu Raj Awasthi read the judgement.
“We are of the considered opinion that wearing a hijab by Muslim women does not form any essential form of practice in Islamic faith. The prescription of school uniforms is only a reasonable restriction and are constitutionally permissible which the students cannot object,” the bench said.
“In view of the above we are of the considered opinion that the government has power to issue the government order dated February 5, 2022 (restricting hijab in classrooms) and no case is made for its invalidation,” the bench noted.
The bench further observed, “We are of the considered opinion that no case is made out for issuance of direction of disciplinary action and warrants against the respondents. Therefore, the petition in this regard is rejected as not maintainable.
“Accordingly in above circumstances all these petitions are devoid of merits and liable to be dismissed, and all the pending applications are not maintainable and disposed of,” the bench underlined.
The bench after commencing the session said that keeping the holistic view of the entire matter, it has formulated a few questions and they have answered them.
“The questions which are formulated are whether wearing of hijab, headscarves is a part of essential religious practice in Islamic faith protected under Article 25 of the constitution?
“The second question is whether restriction of school uniforms is not legally permissible and being violative of petitions fundamental rights guaranteed under Article 19 (1) (a) freedom of expression and privacy?
“The third question whether government order dated February 5, 2022 apart from being incompetent is being issued without application of mind and further it is manifestedly arbitrary and therefore violates the Articles 13, 14 of the constitution?
“Whether any case is made out in the petition of issuance of direction initiating disciplinary enquiry and warrants against respondents? The special bench said.
As a precautionary measure security was beefed up across the state. Holiday was declared in the districts of Dakshina Kannada, Kalaburagi and Shivamogga for schools and colleges.
Most of the districts imposed prohibitory orders in the surrounding areas of educational institutions. The Bengaluru Police Commissioner Kamal Pant issued prohibitory orders restricting protests, celebrations and gatherings in the entire city for seven days from March 15.
The hijab row, which started as a protest by six students of the Udupi Pre-University Girl’s College, turned into a big crisis.
The bench headed by the Chief Justice Ritu Raj Awasthi, Justice Krishna S. Dixit and Justice Jaiunnesa Mohiyuddin Khaji heard the matter on a daily basis.
The counsels appearing for the petitioners contended that restriction on hijab to classrooms is a violation of fundamental rights and religious rights. There is no legal standing for the School Development Committee (SDC) or College Development Committee (CDMC), they said.
They also argued that wearing of hijab is an integral part of Islam. However, the Advocate General and other counsels appearing for the government argued that wearing of hijab is not an essential part of Islam. They have also stated that the government respects the wearing of hijab and it had been left to the discretion of SDMC and SDCs. It was also brought to the notice of the court that many Islamic and European countries have banned hijab.
Crime
RG Kar victim’s parents yet to secure death certificate even after six months
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Kolkata, Feb 22: Over six months have passed since the shocking rape and murder of a junior woman doctor at Kolkata’s R.G. Kar Medical College and Hospital but her parents are still to get a copy of her death certificate.
The body of the victim was recovered from a seminar hall within the premises of the state-run institution early on August 9 last year.
The victim’s parents have alleged that they have been unable to get the death certificate till now as the R.G. Kar and Kolkata Municipal Corporation (KMC) authorities are shifting the responsibility onto each other.
According to them, the KMC authorities are claiming that since the “place of death” is R.G. Kar, it is the responsibility of the hospital authorities to provide the death certificate.
On the other, the R.G. Kar authorities claim that if a patient dies within the hospital premises or is even brought dead to the hospital, the death certificate will have to be provided by the KMC authorities, the parents added.
The victim’s parents have further claimed that although they have not got a copy of the death certificate, it has been mentioned in the court documents, as per the statement of a medical officer attached to R.G. Kar.
They now say if the death certificate is mentioned in the court documents, why was a copy of the certificate not handed over to them?
Last week, a special court in Kolkata, which had convicted and sentenced civic volunteer Sanjay Roy in the rape and murder case, directed the Central Bureau of Investigation (CBI) to file a fresh progress report on its investigation in the matter on February 24.
Since the special court has already pronounced the sentence for the convict in the main crime of rape and murder, legal circles feel that the fresh progress report will be related to the angle of tampering with the evidence in the case.
It is learnt that the special court had directed the CBI to submit a fresh progress report following a complaint filed by the counsel of the victim’s family accusing the central agency of not updating the court on the progress of investigation in the matter periodically.
Crime
Ten persons arrested for attack on Congress MP, says Assam CM
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Guwahati, Feb 21: Assam Chief Minister Himanta Biswa Sarma said on Friday that ten persons have been arrested in connection with the attack on Congress MP Rakibul Hussain.
Taking to social media platform X, CM Sarma said, “The police have identified the individuals involved in the alleged incident of assault on Congress MP Sri Rakibul Hussain.”
He also mentioned that the actions will be taken as per the law.
The Dhubri MP was attacked while attending a public programme in the Nagaon district.
The Congress MP had to run from the spot wearing a helmet to save himself. The security officers of Hussain sustained minor injuries in the attack.
In a viral video, it was seen that some masked miscreants initially showed black flags to the Congress MP and after that attacked him.
In the video, Hussian was seen fleeing from the spot in a two-wheeler to save himself from the attack.
The incident that happened in the Ruporihat locality drew criticism from the opposition with Congress leaders training guns on the BJP government.
Gaurav Gogoi, Deputy Opposition leader in the Lok Sabha, launched a sharp attack on the BJP government as Congress MP Hussain was attacked on Thursday.
Gogoi said, “In Assam, a Congress Lok Sabha MP is attacked by thugs in broad daylight in a busy marketplace. The goons even attack the police security officers and try to snatch their weapons. All of this is recorded on camera. Yet the Chief Minister of Assam Himanta Biswa Sarma refuses to ensure that the thugs will be arrested immediately.”
“The Chief Minister should at least think of his constitutional duty towards Assam Police and the innocent civilians in the marketplace. If the goons had got hold of the machine gun, a terrible tragedy could have taken place. The attitude of the Chief Minister will only embolden the thieves, dacoits, smugglers and those accused of murder. Democracy is under threat and people of Assam want freedom from this gunda raj culture,” he added.
The Leader of the Opposition in the Assembly Debabrata Saikia said it was a “failure” of the police and administration.
Crime
New India Co-operative Bank Scam: EOW Arrests Former CEO Abhimanyu Bhoan
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Mumbai: The Economic Offences Wing (EOW) has made another arrest in the New India Co-operative Bank scam. Former CEO Abhimanyu Bhoan has been taken into custody, making him the third accused in the case.
The Court has remanded accused into police Custody untill February 28.Bhoan’s arrest follows an ongoing investigation into financial irregularities within the bank, which allegedly led to taken place during his working period.
The authorities suspect his involvement in mismanagement and fraudulent transactions.Further investigation is underway, and officials believe that more arrests may follow in the case.
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