Hijab ban row: SC asks petitioners' lawyers to wrap up arguments

new delhi: The Supreme Court on Wednesday asked the counsel appearing for the petitioners in the Karnataka hijab ban controversy to wrap up their rebuttal arguments within an hour tomorrow, saying "we are losing our patience."

The apex court, which heard submissions in the matter for the ninth day, said it would give just one hour to the lawyers for the petitioners to conclude their arguments on Thursday.

"We will give one hour time to all of you. You finish that. Now, it is an overdose of hearing," a bench of Justices Hemant Gupta and Sudhanshu Dhulia told senior advocate Huzefa Ahmadi.

Ahmadi has argued for one of the petitioners.

The bench said several lawyers have already put forth their arguments before it. "We are losing our patience," it said.

"I must say, your lordships have heard us with inexhaustible patience," Ahmadi acknowledged in appreciation.

"Do you think we have any other choice?" the bench asked on a lighter note.

Observing that it would give an hour's time on Thursday, the bench said rebuttal cannot go beyond that.

Solicitor General Tushar Mehta, Karnataka's Advocate General Prabhuling K Navadgi and Additional Solicitor General K M Nataraj have argued on behalf of the state, while senior lawyers Dushyant Dave and Salman Khurshid have presented views of the Muslim petitioners.

Meanwhile, the Karnataka government told the Supreme Court on Wednesday

that the state has not touched any "religious aspect" in the hijab ban row and that the restriction on wearing the Islamic headscarf is limited to the classroom.

The state government said there does not exist a ban on the hijab even beyond the classroom on the campuses. It's counsel emphasised the state has only said educational institutions can prescribe uniform for students, something which is "religion neutral."

Karnataka's Advocate General Prabhuling K Navadgi told a bench of Justices Hemant Gupta and Sudhanshu Dhulia that countries like France have prohibited hijab and the women there have not become any less Islamic.

Navadgi said unless it is shown that wearing the hijab is compulsory and an essential religious practice (ERP), one cannot get protection under Article 25 of the Constitution, which deals with freedom of conscience and free profession, practice and propagation of religion.

"We do not place restriction on wearing hijab outside school. There is no restriction even in the school campus. The nature of restriction is only inside the

classroom," the advocate general told the bench.

Additional Solicitor General (ASG) K M Nataraj, who also appeared for the state, said the petitioners' entire case is based on a right, which they claim is an absolute right.

"Let me make it very clear at the beginning. The state has not touched any religious aspect or religious issue.

Much hue and cry is made by saying that hijab is banned. Let me clarify, hijab is not banned and the state never intended (to impose one) as such," the ASG said, adding that school is a secular place.