New Delhi: The Supreme Court said on Monday it would consider creating a three-judge bench to adjudicate the case related to the wearing of Islamic head coverings in Karnataka schools following its split verdict.

A bench consisting of Chief Justice DY Chandarchud and Justices V Ramasubramanian and JB Pardiwala, took note of Senior Counsel Meenakshi Arora’s submissions that an interim order was necessary bearing in mind the practical exams, scheduled for some classes starting Feb. 6 in the state.

“This is the headscarf case. The girls have practical exams starting February 6, 2023 and this case is to be listed for interim instructions so they can appear. The practical exams will be held in public schools,” said the lead attorney, appearing for some students.

“I will review it. This is a three-judge case. We will set a date,” the CJI said.

On October 13 last year, a two-judge Supreme Court bench delivered opposing verdicts in the hijab controversy and urged the Chief Justice to form a proper bench to adjudicate the case arising from the ban on the wearing of Islamic headgear in Karnataka. schools.

While Judge Hemant Gupta, since retired, dismissed appeals challenging the March 15 judgment of the Karnataka High Court which refused to lift the ban, Judge Sudhanshu Dhulia said there would be no no restrictions on wearing hijab anywhere in schools and colleges. of State.

Allowing a community to wear their religious symbols in school will be an “antithesis of secularism”, Judge Gupta said, while Judge Dhulia insisted that wearing the Muslim headscarf should simply be a “matter of choice”.

The supreme court having rendered a split verdict, the judgment of the high court still stands. However, the split verdict delayed a permanent resolution to the hijab dispute as both judges suggested taking the case to a wider court for decision.

On March 15, the high court rejected petitions filed by a section of Muslim female students at the Government Pre-University Girls College in Udupi, Karnataka, seeking permission to wear the hijab in classrooms, ruling that it is not part of the essential religious practice in Islam. Faith.

Several appeals were filed in the Supreme Court against the verdict.

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