New Delhi : While the Supreme Court Judge abuses Law and appears as if he is taking dictations from Rashtriya Swayam Sewak (RSS), BJP, Establishment and misleading about Islam, despite fundamental rights guarantee to the Muslim students wear Hijab (piece of uniform coloured cloth to cover head of Muslim girls),, the All India Muslim Federation (AIMF) a constituent of Rashtriya Jana Parishad (RJP) national convener and advocate high court MA Mujeeb alleged that the Justice Hemant Gupta is defaming Islam by crossing laxman rekha set by the Indian jurisprudence for lawful adjudication in a secular State like India, he added.
It is not expected from the apex court judge that right to wear Hijab includes right to undress….in class room, does not it go against the Indian culture and decorum, while the 7th Judges Constitutional Bench gave sufficient reasons to believe that minorities including Sikhs enjoy their fundamental rights on par with the majority subjects,
Mujeeb appealed the Chief Justice of India to constitute a 7 member Judge Supreme Courts Constitutional Bench and take a judicious call on the issue. Mujeeb questioned himself. Justice Hemant Gupta demonstrating like a counsel for the Respondents in the Appeal and deliberately confusing the subjects of the nation, he added.
Mujeeb reminded that the nation has witnessed far before the adjudication of Babri Masjid-Ram Janma Bhoomi case, wherein five senior judges of the Supreme Court addressed the media expressing that the Narendra Modi’s Union Government is dictating its terms for the adjudication of national importance then pending issues to comply RSS master plan, Mujeeb added.
Mujeeb said that whatever said in Holy Quraan is mandatory on ever believer of Islam like Bangla PM Madam Shaik Haseena. While some are socialistic, secular and democratic minded subjects do not wear hijab, it does not mean other Muslims have given up their Constitutional rights. It is well known that practices in Islam are guided by the holy Quraan and Hadees, national presidents of Muslims, Mujeeb added
SC Judge told the petitioners in the case challenging the hijab ban in Karnataka government educational institutions on Thursday that comparisons with turbans worn by Sikhs would be ‘inappropriate’.
“The Supreme Court has recognised turbans worn by Sikhs as one of the five essential components of Sikhism,” according to a bench presided over by Justice Hemant Gupta.
“There are requirement on turbans. Five-judge bench of this court held that wearing turban and kirpan is essential for Sikhs. That is why we are saying comparison with Sikh may not be proper. 5Ks of Sikh has been held to be mandatory,” Justice Gupta said, according to a report by Bar and Bench.
Justice Gupta said that comparison with Sikhs may not be proper as carrying of the kirpan is recognized by the Constitution. “So don’t compare practices,” the court remarked.
One of the petitioners’ counsel, Advocate Nizam Pasha, responded that the same is true for Muslim women wearing hijab.
“Similarly Islam is also there for 1400 years and the Hijab is also present,” Pasha responded.
Pasha added that the ruling by the Karnataka High Court maintaining the hijab ban was almost blasphemous.
He said that the High Court had noted that because Quranic laws stretch back more than 1500 years, they are irrelevant today.
Justice Gupta said there are statutory requirements on turbans and these are all practices well established in the culture of the country.
Pasha also tried to cite examples of foreign countries like France.
Justice Gupta said that India does not want to be according to France or Austria. “We are Indians and want to be in India,” the court said.
The hearing will resume on September 12 with Senior Counsel Salman Khurshid arguing for the petitioners.