Justice Dhulia says, Constitutional court must speak in one voice as far as possible

In disagreement with Justice Hemant Gupta’s decision in the Karnataka hijab ban case, Justice Sudhanshu Dhulia of the Supreme Court stated on Thursday that a constitutional court must speak with ‘one voice’ as much as possible and that split verdicts do not end a dispute.

 

The case was decided inconclusively by a bench of Justices Gupta and Dhulia, who also suggested that the Chief Justice of India be consulted regarding the formation of the proper court.

 

The Karnataka High Court’s March 15 ruling, which had refused to lift the hijab ban, was overturned by Justice Gupta, while Justice Dhulia ruled there should be no restrictions on wearing the Muslim head covering in the state’s schools and colleges.

 

‘I had the advantage of going through the judgement of Justice Hemant Gupta. Justice Gupta has recorded each argument which was raised at the Bar before us in the long hearing of the case and he has given his findings on each of the issues. It is a very well composed judgement,’ Observed Justice Dhulia in his 73-page separate decision.

 

‘I am, however, unable to agree with the decision of Justice Gupta. I am therefore giving a separate opinion, on this important matter,’ he said. ‘However, I am unable to concur with Justice Gupta’s ruling. I am expressing a distinct viewpoint on this crucial issue as a result’ explained he.

Justice Dhulia stated that he is conscious that a constitutional court must, to the maximum extent possible, speak in one voice.