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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

Mumbai Malad Gudi Padwa violence: Three arrested, situation peaceful, police alert, DCP Asmita Hotel

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Mumbai: After the violence on Gudi Padwa in Malad, Mumbai, the situation is now peaceful here, but despite this, politics has also started on this issue and an attempt has been made to spread communal tension by giving it a Hindu-Muslim color. On the occasion of Gudi Padwa, a local youth attacked five minors passing in front of Noorani Mosque. In this case, the police has controlled the situation and so far three people have been arrested. A case of rioting has also been registered against them. The crowd is also being identified. The accused have been identified on the basis of CCTV and three people have been arrested. Along with this, after getting control of the situation, the police has put Malad on high alert and is also keeping an eye on communal elements.

Now communal elements have started trying to spoil the atmosphere in Mumbai, so the police is also keeping an eye on social media. Local DCP Smita Patil said that the situation in Malad Maloni is peaceful and action is being taken against the miscreants. Arrests are also continuing after examining CCTV footage and other footage.

So far three people have been arrested in this case, one of whom is Sharan, who attacked the minor. In this case, Vishwa Hindu Parishad Bajrang Dal has given an ultimatum to the police that if they do not arrest the accused as soon as possible, they will protest. In this case, the DCP has made tight security arrangements at all places and has also appealed not to pay attention to rumors and not to share unverified videos or controversial posts on social media. The police is on alert to maintain law and order in Mumbai and Mumbai Police Commissioner Vivek Panchalkar has issued strict instructions.

Sanjay Nirupam’s venomous attack on the violence on Gaddi Padwa

After the violence on Gudi Padwa, Sanjay Nirupam has made many serious allegations against the police, he has accused the police of delaying action and protecting the accused. He has questioned the action of Mumbai Police and said that the main accused Sharan and his mother do not allow Hindus to celebrate their festivals and their hooliganism continues here. Sanjay Nirupam has called Muslims Jihadis. Sanjay Nirupam said that the police took action when pressure was put on them.

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Crime

Kunal Kamra row: 3 more FIRs filed over Shinde jibe, merged with Mumbai case

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Mumbai, March 29: In fresh trouble for controversial comedian Kunal Kamra, three additional FIRs filed against him in different cities have been merged with the one registered in Mumbai’s Khar police station over his alleged jibe at Maharashtra Deputy Chief Minister Eknath Shinde.

The stand-up comedian courted controversy for cracking an allegedly objectionable joke during a show last month, using the term ‘gaddar’ (traitor) to make a veiled reference to Shinde.

The three zero FIRs that have been merged with the main case registered in Khar were filed in Thane, Nashik and Buldhana by Shiv Sena workers.

The three FIRs were filed by Sunil Jadhav from Nandgaon Manmad, Nashik; Sanjay Bhujbal from Jalgaon Jamod, Buldhana and Mayur Borse from Manmad, Nashik.

The complainants in the three FIRs said that the comedian allegedly created hatred between political parties by making ‘objectionable’ remarks against Shinde. They also alleged that Kamra’s remarks defamed Shinde’s ‘conduct’.

The three FIRs were registered under penal provisions of the Bharatiya Nyaya Sanhita dealing with defamation and public mischief.

Kamra, who has been granted protection against arrest till April 7 by the Madras High Court, has been summoned by Khar police for recording his statement on Monday – this will be the third police attempt to call him as he has not responded to two earlier requests.

Deputy Commissioner of Police, Zone 9 (Mumbai), Dixit Gedam said two offences have been registered at Khar police station.

One is against Kamra for derogatory comments, while the other is against people who vandalised the Unicontinental hotel in Khar where the shoot of his stand-up comedy act titled ‘Naya Bharat’ took place.

Kamra landed in trouble after giving a comic spin-off to a popular Hindi song in which he indirectly described Shinde as a ‘traitor’, referring to the 2022 Maharashtra political crisis which eventually led to the collapse of the Uddhav Thackeray-led state government.

The controversy snowballed after Kamra uploaded a clip from the show on social media last Saturday. Angry Shiv Saniks vandalised the hotel, resulting in the arrest and the subsequent granting of bail to 12 Shinde supporters.

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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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