Tag: Dushyant Dave

  • Hijab ban row: Petitioners allege “pattern” to marginalise minority community 

    By PTI

    NEW DELHI: Asserting that the hijab is the “identity” of Muslims, senior advocate Dushyant Dave told the Supreme Court on Monday that various acts of commission like Karnataka’s headscarf controversy showed a “pattern to marginalise the minority community”.

    The apex court was hearing arguments on a batch of petitions challenging the Karnataka High Court verdict refusing to lift the ban on hijab in educational institutions of the state that have prescribed uniforms.

    “This is not about uniform. I will be able to show to your lordships that by series of acts of commission and acts of omission that have happened, unfortunate incidents, I am not blaming any individual or anybody, but these acts of commission and omission show that there is a pattern to marginalise the minority community,” Dave told a bench of Justices Hemant Gupta and Sudhanshu Dhulia.

    Arguing that the country has been built on liberal traditions and religious beliefs, Dave, appearing for some of the petitioners, said the kind of atmosphere being seen today was far removed from being called liberal which we have been for 5,000 years.

    “You (the state authority) are passing this resolution ostensibly saying uniform. Actually, it is for some other purpose.

    The whole idea is that how do I tell the minority community that you are not allowed to profess your beliefs, you are not allowed to follow your conscience? You will do what I tell you,” Dave said.

    “We have not hurt anybody’s sentiments by wearing hijab. Our identity is hijab,” he asserted.

    The senior advocate said the Constitution has always been interpreted liberally and never in a restrictive sense, and the scope and ambit of Articles 19 and 21 have been expanded in every possible way.

    While Article 19 of the Constitution deals with protection of certain rights regarding freedom of speech etc, Article 21 pertains to protection of life and personal liberty.

    Dave said over 10,000 suicide bombings have taken place in the Islamic world, and in India, only one such incident happened in Pulwama.

    He was referring to the 2019 terrorist attack in Kashmir’s Pulwama where a suicide bomber targeted a convoy of security forces, killing 40 of them and wounding many others.

    “That shows that the minority community has placed its faith in us, the majority,” he said.

    In the course of arguments, Dave referred to some debates in the Constituent Assembly.

    “My question is, to what extent the Constituent Assembly debates can be relied upon to interpret the provisions of the Constitution,” asked Justice Hemant Gupta.

    “My respectful answer to that is, to full extent,” Dave said. Dave also asked does wearing hijab amount to threatening the unity or integrity of the country.

    “That nobody is saying,” the bench said, adding, “That even the judgment (of the High Court) does not say.”

    During the arguments, which would continue on Tuesday, the bench also asked about religious practices.

    Dave said the religious practice is what the community practises as part of its religious belief.

    The bench observed that traditionally, whenever a person used to go to a respected place, he or she would cover their heads.

    “In my respectful submission, school is the most respected place. It is a place of worship,” Dave responded, adding even the prime Minister wears a headgear on August 15.

    The Karnataka government’s order of February 5, 2022 by which it banned wearing clothes that disturb equality, integrity, and public order in schools and colleges, was referred to in the apex court.

    Several pleas have been filed in the top court against the March 15 verdict of the high court holding that wearing a hijab is not a part of the essential religious practice which can be protected under Article 25 of the Constitution.

    The high court had dismissed the pleas filed by a section of Muslim students from the Government Pre-University Girls College in Udupi, seeking permission to wear hijab inside the classroom.

    Challenging the February 5 order of the government, the petitioners had argued before the high court that wearing the Islamic headscarf was an innocent practice of faith and an essential religious practice and not a display of religious jingoism.

    NEW DELHI: Asserting that the hijab is the “identity” of Muslims, senior advocate Dushyant Dave told the Supreme Court on Monday that various acts of commission like Karnataka’s headscarf controversy showed a “pattern to marginalise the minority community”.

    The apex court was hearing arguments on a batch of petitions challenging the Karnataka High Court verdict refusing to lift the ban on hijab in educational institutions of the state that have prescribed uniforms.

    “This is not about uniform. I will be able to show to your lordships that by series of acts of commission and acts of omission that have happened, unfortunate incidents, I am not blaming any individual or anybody, but these acts of commission and omission show that there is a pattern to marginalise the minority community,” Dave told a bench of Justices Hemant Gupta and Sudhanshu Dhulia.

    Arguing that the country has been built on liberal traditions and religious beliefs, Dave, appearing for some of the petitioners, said the kind of atmosphere being seen today was far removed from being called liberal which we have been for 5,000 years.

    “You (the state authority) are passing this resolution ostensibly saying uniform. Actually, it is for some other purpose.

    The whole idea is that how do I tell the minority community that you are not allowed to profess your beliefs, you are not allowed to follow your conscience? You will do what I tell you,” Dave said.

    “We have not hurt anybody’s sentiments by wearing hijab. Our identity is hijab,” he asserted.

    The senior advocate said the Constitution has always been interpreted liberally and never in a restrictive sense, and the scope and ambit of Articles 19 and 21 have been expanded in every possible way.

    While Article 19 of the Constitution deals with protection of certain rights regarding freedom of speech etc, Article 21 pertains to protection of life and personal liberty.

    Dave said over 10,000 suicide bombings have taken place in the Islamic world, and in India, only one such incident happened in Pulwama.

    He was referring to the 2019 terrorist attack in Kashmir’s Pulwama where a suicide bomber targeted a convoy of security forces, killing 40 of them and wounding many others.

    “That shows that the minority community has placed its faith in us, the majority,” he said.

    In the course of arguments, Dave referred to some debates in the Constituent Assembly.

    “My question is, to what extent the Constituent Assembly debates can be relied upon to interpret the provisions of the Constitution,” asked Justice Hemant Gupta.

    “My respectful answer to that is, to full extent,” Dave said. Dave also asked does wearing hijab amount to threatening the unity or integrity of the country.

    “That nobody is saying,” the bench said, adding, “That even the judgment (of the High Court) does not say.”

    During the arguments, which would continue on Tuesday, the bench also asked about religious practices.

    Dave said the religious practice is what the community practises as part of its religious belief.

    The bench observed that traditionally, whenever a person used to go to a respected place, he or she would cover their heads.

    “In my respectful submission, school is the most respected place. It is a place of worship,” Dave responded, adding even the prime Minister wears a headgear on August 15.

    The Karnataka government’s order of February 5, 2022 by which it banned wearing clothes that disturb equality, integrity, and public order in schools and colleges, was referred to in the apex court.

    Several pleas have been filed in the top court against the March 15 verdict of the high court holding that wearing a hijab is not a part of the essential religious practice which can be protected under Article 25 of the Constitution.

    The high court had dismissed the pleas filed by a section of Muslim students from the Government Pre-University Girls College in Udupi, seeking permission to wear hijab inside the classroom.

    Challenging the February 5 order of the government, the petitioners had argued before the high court that wearing the Islamic headscarf was an innocent practice of faith and an essential religious practice and not a display of religious jingoism.

  • Supreme Court orders status quo on demolition drive in Jahangirpuri, matter to be heard on April 21

    By Express News Service

    NEW DELHI: The Supreme Court on Wednesday ordered a status-quo on the demolition drive in Jahangirpuri, Delhi.The matter was mentioned by Senior advocate Dushyant Dave before the bench headed by Chief Justice NV Ramana.“…The drive is unconstitutional, unauthorized demolition is taking place in Jahangirpuri where riots took place. No notice was served so that reply is served in 10 days,” he said.

    ALSO READ: MCD bulldozers in Jahangirpuri today, cops on alertSenior advocate Kapil Sibal also mentions the plea by Jamiat Ulama-I-Hind seeking directions that residential accommodations or any commercial property cannot be demolished as a punitive measure. The petitioners have said in the plea that the administration in several states is employing bulldozers to raze down the houses of persons suspected to be involved in criminal incidents such as riots.The petitioners have also prayed that police personnel to be provided specialised training in handling communal riots and situations where populations become restive.The court will hear both matters tomorrow.

  • Dushyant Dave praises CJI Ramana for ‘remarkable’ intervention in Lakhimpur Kheri violence case

    By PTI

    NEW DELHI: Former SCBA president Dushyant Dave praised Chief Justice of India N V Ramana for “leading” the Supreme Court “from the front” and for his “remarkable intervention” in the October 3 Lakhimpur Kheri incident in which eight people were killed as violence erupted during a farmers’ protest.

    The CJI-led bench, which took suo motu cognizance of the incident, did not mince words and expressed dissatisfaction over steps taken by the Uttar Pradesh government, questioned the non-arrest of accused Ashish Mishra, directed preservation of evidence, and mulled transferring probe to another agency.

    Dave, who has been critical of some predecessors of the incumbent CJI, was effusive in his praise for Justice Ramana, saying the judicial intervention was “remarkable” and that the CJI acted extremely responsible and in a restrained manner over the last two days of hearings in the case.

    In an interview to a web portal, Dave, who was the president of Supreme Court Bar Association (SCBA), said the CJI has sent out a positive message to citizens through the case hearing and that “the court is being led from the front” by him.

    Extolling CJI Ramana, the senior advocate said he has done remarkable work in the last few months and “clearly proved he is true to his constitutional oath” unlike his four predecessors who had “failed to discharge their constitutional duties”.

    “The Supreme Court has proved that it truly is sentinel on the qui vive and truly a watchful guardian of the citizens. There is no doubt in my mind that the Supreme Court’s intervention has been remarkable and is absolutely essential, done at the right time,” Dave said on being asked about the Lakhimpur Kheri case during the interview to the news website.

    ALSO READ: Farmers allege incident ‘pre-planned conspiracy’, say will burn PM Modi’s effigy on Dussehra

    In the hearing on October 8, Justice Ramana-led bench said, “The law must take its course against all accused and the government has to take all remedial steps in this regard to inspire confidence in the investigation of brutal murder of eight persons.

    ” Dave lauded the apex court, saying that it achieved a lot without passing any orders against the Uttar Pradesh government by clearly indicating that it is displeased with what has happened, and therefore “if the government does not act, it will pass further orders”.

    The senior advocate further said the Uttar Pradesh government and the Director General of Police, in particular, have been told very firmly what the court expects of them.

    The top court has posted the matter for hearing on October 20.

    Four farmers were mowed down by an SUV in Lakhimpur Kheri when a group agitating against the Centre’s three new farm laws was demonstrating against the visit of UP Deputy Chief Minister Keshav Prasad Maurya on October 3.

    Two BJP workers and a driver were allegedly beaten to death by the angry protesters, while a local journalist was also killed in the violence.

  • SC Bar Association president Dushyant Dave resigns with immediate effect

    By PTI
    NEW DELHI: Supreme Court Bar Association (SCBA) president Dushyant Dave resigned from his post with immediate effect on Thursday saying he has forfeited his right to continue.

    Acting SCBA Secretary Rohit Panday confirmed the development that the senior advocate has resigned with immediate effect.

    Dave in his brief letter stated that the tenure of the Executive Committee of SCBA has already ended and it may not be possible to hold virtual elections as per schedule “due to reservations held by some lawyers”.

    “Following recent events, I feel that I have forfeited my right to continue at your Leader and so I hereby tender my Resignation from the post of the President of the SCBA with immediate effect. Our term has already come to an end. We sincerely decided to hold virtual election to elect a new body. Now I find it may not be possible to hold them as per the schedule declared by the Election Committee due to reservations held by some of you. I understand their position and have no quarrel with it but to me any further continuation as the President in these circumstances will be morally wrong,” the letter said.

    Dave also expressed his gratitude to all the members of the SCBA.

    “I must place on record my deep gratitude to each of you for being part of this EC and contributing immensely during Covid 19, perhaps the greatest challenge to mankind we will ever see in our lifetime.

    You have done proud to this Institution, the SCBA. It was a privilege to be with you. I wish you all lots of good luck for a better future,” Dave said in his letter.