Amid the ongoing hijab row, a social media post claiming that Mohammad Gustakh Khan, one of the judges in the larger bench of Karnataka High Court had ruled that ‘Muslim girls can only come in school dress, they will not be allowed to wear hijab/burqa. They can only cover their head if they want according to their religion, but hijab is not allowed. If a girl does not do this then the school will have the right to cut off her name and send her home for which no further court can appeal’ is being widely circulated. Through this article, let’s fact-check the veracity of the claim.
Claim: Karnataka High Court judge Mohammad Gustakh Khan’s ruling of the hijab case.
Fact: A three-judge bench comprising Chief Justice Ritu Raj Awasthi and Justices Krishna S. Dixit and Khazi Jaibunnisa Mohiuddin of the Karnataka high court through an interim order restrained the students from wearing religious clothing to classrooms. Further hearing of the case is underway. However there is no judge by the name Mohammad Gustakh Khan listed under Karnataka High Court. Further, the interim order did not empower the school management to cancel the enrolment of those students who fail to comply with the interim order. Moreover, the claim that students cannot further appeal the order goes against the constitutional right of providing safeguards to the citizens in matters related to the court. Hence the claim made in the post is FALSE.
Lately, Karnataka has witnessed pro & anti-hijab protests. In wake of these protests, the Karnataka High Court through an interim order restrained all the students regardless of their religion or faith from wearing religious clothing to class if their college has a prescribed uniform until the time the court decides the matter.
As of now, the interim order is the only judgement pronounced in this case. Further hearings of the case by the larger bench resumed on 15 February 2022 and are underway.
The interim order was pronounced on 10 February 2022 by a three-judge bench comprising Chief Justice Ritu Raj Awasthi and Justices Krishna S. Dixit and Khazi Jaibunnisa Mohiuddin after it was referred to a larger bench. No judge by the name Mohammad Gustakh Khan is involved in this case. And as a matter of fact, there is no judge with this name in the list of Karnataka High Court Chief justice and judges.
Further, the post claims that school management can strike off the enrolment of the student who does not comply with the order and that no further appeal can be made to any court in this regard. However, the interim order did not empower the school management in this regard as claimed in the viral post.
Moreover, it is noteworthy to mention the claim that court judgment ruled out a further appeal in this matter goes against the constitutional right of providing safeguards to the citizens in matters related to the court. As the case deals with the fundamental right to freedom of religion, the aggrieved citizen can appeal to the Supreme court, which is the highest court of appeal.
To sum it up, there is no judge with the name Mohammad Gustakh Khan in Karnataka High court; Fake judgment related to hijab row going viral in his name.