NEW DELHI: The Supreme Court on Monday deplored the “forum shopping tactics” adopted by a bunch of petitioners to seek adjournment of hearing on the Karnataka government’s hijab ban for Muslim women in educational institutions and reminded them that the cases were listed on their request.
The petitioners, including students, had challenged a Karnataka high court judgment upholding the state’s decision to enforce the ban on Muslim girl students wearing hijab and had mentioned several times earlier for early listing for urgent hearing on the issue, which they said was fundamental to their religious practices.
A bench headed by Justice Hemant Gupta, who will retire on October 16, got irked when advocate Mohd Nizamuddin Pasha said a letter has been circulated seeking six-week adjournment on hearing ostensibly to take the hearing beyond Justice Gupta’s retirement.
From Monday till October 16, Justice Gupta has a little over six weeks in SC, and if one takes a week-long Dussehra holiday, an adjournment of six weeks would take the case off the bench headed by him.
“This kind of forum shopping we will not permit,” Justices Gupta and Sudhanshu Dhulia told Pasha sternly. “You repeatedly sought early hearing of the appeals (against Karnataka HC judgment). And when the petitions are listed for hearing, you are seeking adjournment,” the bench said.
Solicitor general Tushar Mehta said the petitioners’ counsel had mentioned six times before the CJI for early listing of the petitions and regrettably are seeking adjournment now. He said it is a pure question of law and the Karnataka government would prefer to argue it rather than filing response affidavits to the appeals. SC issued notice to Karnataka government on the petitions.
Responding to Mehta, Pasha said that they had sought early hearing as the hijab ban was causing impediment to Muslim girl students from appearing in examinations but since the matters are now listed for final hearing, the counsel would like to be fully prepared with the case documents.
SG in a lighter vein said, “Does that mean when you sought urgent hearing, you were seeking so without being prepared with the case files?” The SC posted hearing on Monday rejecting fervent pleas of petitioners for at least two-week adjournment.
The divisive controversy, which broke out in the southern BJP-ruled state and rippled mildly to neighbouring states ahead of assembly elections in five states, left its imprint on the pattern of appeals filed in the SC. If Niba Naaz, who was not even a petitioner before the HC, was the first to win the race in filing the appeal against the HC judgment, Hindu Sena had moved a caveat in the SC to stall any attempt by any appellant to take an ex-parte stay on the HC judgement.
On March 24, Aishat Shifa, who was the main petitioner before the HC, had sought interim relief citing impending examinations.
The petitioners, including students, had challenged a Karnataka high court judgment upholding the state’s decision to enforce the ban on Muslim girl students wearing hijab and had mentioned several times earlier for early listing for urgent hearing on the issue, which they said was fundamental to their religious practices.
A bench headed by Justice Hemant Gupta, who will retire on October 16, got irked when advocate Mohd Nizamuddin Pasha said a letter has been circulated seeking six-week adjournment on hearing ostensibly to take the hearing beyond Justice Gupta’s retirement.
From Monday till October 16, Justice Gupta has a little over six weeks in SC, and if one takes a week-long Dussehra holiday, an adjournment of six weeks would take the case off the bench headed by him.
“This kind of forum shopping we will not permit,” Justices Gupta and Sudhanshu Dhulia told Pasha sternly. “You repeatedly sought early hearing of the appeals (against Karnataka HC judgment). And when the petitions are listed for hearing, you are seeking adjournment,” the bench said.
Solicitor general Tushar Mehta said the petitioners’ counsel had mentioned six times before the CJI for early listing of the petitions and regrettably are seeking adjournment now. He said it is a pure question of law and the Karnataka government would prefer to argue it rather than filing response affidavits to the appeals. SC issued notice to Karnataka government on the petitions.
Responding to Mehta, Pasha said that they had sought early hearing as the hijab ban was causing impediment to Muslim girl students from appearing in examinations but since the matters are now listed for final hearing, the counsel would like to be fully prepared with the case documents.
SG in a lighter vein said, “Does that mean when you sought urgent hearing, you were seeking so without being prepared with the case files?” The SC posted hearing on Monday rejecting fervent pleas of petitioners for at least two-week adjournment.
The divisive controversy, which broke out in the southern BJP-ruled state and rippled mildly to neighbouring states ahead of assembly elections in five states, left its imprint on the pattern of appeals filed in the SC. If Niba Naaz, who was not even a petitioner before the HC, was the first to win the race in filing the appeal against the HC judgment, Hindu Sena had moved a caveat in the SC to stall any attempt by any appellant to take an ex-parte stay on the HC judgement.
On March 24, Aishat Shifa, who was the main petitioner before the HC, had sought interim relief citing impending examinations.
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