The Supreme Court on Monday expressed anguish at petitioners' counsel seeking adjournment on a clutch of pleas against the Karnataka High Court judgment, which upheld the right of educational institutions to ban wearing of hijab in pre-university colleges in the state.
A bench comprising Justices Hemant Gupta and Sudhanshu Dhulia said this was not acceptable to the court as earlier petitioners' wanted urgent listing but when the matter was listed, they want adjournment and this would not be allowed. Justice Gupta said, "We will not permit forum shopping..."
The bench made this observation following Solicitor General Tushar Mehta, representing the Karnataka government, submissions that the letter seeking adjournment on hearing of petitions have been circulated by petitioners.
The petitioners' counsel submitted that lawyers have to come from all over India and some are from Karnataka. Justice Gupta said, "Karnataka is only 2.5 hours away", and added that earlier petitioners wanted early hearing on the matter, but when it was listed before a bench, they want adjournment.
The petitioners' counsel sought two weeks' time. However, the bench replied that they have already asked for a hearing on the matter many times, and asked the counsel to argue the matter before the court. At this juncture, Mehta said the petitioners have sought early hearing on the matter at least six times. Justice Gupta said, "We will not permit forum shopping."
Mehta said a counter affidavit may not be necessary as only questions of law are involved. After a brief hearing on the matter, the bench issued notice on the petitions and scheduled the matter for hearing next Monday.