Hijab ban: With SC delivering a split verdict, here is what happens next

New Delhi, Oct 13: With the Supreme Court delivering a split verdict in the hijab ban case, the matter will now go before the Chief Justice of India.

The CJI on his part will have to assign a Bench to hear the matter. In a nut shell the case will be heard by a larger Bench which will have three or more judges.

Justices Hemant Gupta and Sudhanshu Dhulia had reserved the order following a marathon ten day hearing. The students had filed an appeal against the HC order which had held that prohibition on hijab in classrooms was a reasonable restriction and that hijab was not essential religious practice in Islam.

Justice Dhulia said that wearing of hijab is a matter of choice. What weighed on my mind is whether we are making a girl student's life better by putting such restrictions when her education is concerned, Justice Dhulia said. He also quashed the order of the state government and removed the ban on wearing hijab.

In view of the divergence of opinion, the matter has to be placed before the Chief Justice of India for appropriate directions. The matter will now be heard by a larger Bench following a decision by the CJI.

Justice Gupta rejected the 26 appeal filed against the verdict of the High Court. Justice Dhulia however said that the High Court took a wrong path. It is ultimately a matter of choice and Article 14 and 19. It is a matter of choice, nothing more, nothing less.

"Are we making her life any better? That was a question in my mind.I have quashed the Government Order of February 5 and have ordered the removal of the restrictions. I have held that the judgment in the Bijoe Emmanuel case squarely covers the issue, Justice Dhulia also said.

Justice Gupta in his divergent verdict framed eleven questions. He held that wearing of hijab is not part of essential religious practice under Islam and the State Government order serves purpose of access of education.

The petitioners argued that preventing Muslim girls from wearing the hijab in the classroom will put their education in jeopardy as they may stop attending classes. It was also argued that the matter be referred to a five-judge Bench.

On March 15, the Karnataka High Court had rejected petitions filed by a section of Muslim students seeking permission to wear hijab inside classrooms. The court had stated that wearing of hijab was not essential religious practice in Islam.