oppn parties Supreme Court Right In Rejecting Pleas To Hear The Hijab Case

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Calling the case not 'rarest of rare', a court in Kolkata sentenced Sanjay Roy, the only accused in the R G Kar rape-murder case to life in prison until death
oppn parties
Supreme Court Right In Rejecting Pleas To Hear The Hijab Case

By Our Editorial Team
First publised on 2022-02-12 07:28:27

About the Author

Sunil Garodia The India Commentary view

The Supreme Court is right in rejecting multiple pleas on successive days asking for its intervention in the hijab row. Since a full bench of the Karnataka High Court is hearing the matter, it would be improper for the apex court to intervene at this juncture. Important questions of constitutional significance and personal law are being debated before the high court bench and it is not right for plaintiffs to rush to the Supreme Court now.

The judiciary functions in a set manner. Being a constitutional court, the high court of the jurisdiction is the first court where such matters should be heard. The matter will reach the Supreme Court only after the high court has pronounced its verdict and aggrieved parties prefer an appeal before the apex court or if the court takes it up on its own. It would be judicial impropriety for the Supreme Court to intervene now.

The Supreme Court took pains to request the plaintiffs not to "push these issues to a larger level". It said it was watching what is happening and asked the parties not to make it "communal or political and let the HC decide the constitutional question". The apex court said that "we are duty-bound to protect the constitutional rights of every individual, irrespective of the community or religious denomination she/he belonged to."

Whatever the importance or urgency of the matter, plaintiffs must not rush to the Supreme Court in the first instance. They must first approach the high court of their jurisdiction. Approaching the top court for everything is not proper. It also shows a lack of faith in the high court. Lawyers advising the plaintiffs must recognize this. Matters will reach the apex court as per due process. Since the Supreme Court is always aware of matters of importance and is increasingly using the suo moto route to intervene where it thinks, the rights of the citizens will be protected. 

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