Ex-SC judge Hemant Gupta, who upheld Karnataka hijab ban, attends VHP meet

Over criticism of the former member of the judiciary's presence at the Hindu right-wing event, Justice Gupta stated that he attended the event as "a citizen of India".

The presence of several former Supreme Court judges at a Vishwa Hindu Parishad (VHP) event has raised eyebrows. One of the more prominent judges at the event was Justice Hemant Gupta, known for upholding the Karnataka High Court’s hijab ban verdict.

The event organised by the Hindu right-wing organisation Vishwa Hindu Parishad (VHP)’s legal cell in New Delhi on September 8, also witnessed the presence of Union law minister Arjun Ram Meghwal.

A report by The Indian Express previously noted that the event was attended by approximately 30 retired judges from the Supreme Court and various High Courts.

According to a report by The Quint, the event held at the India Habitat Centre in New Delhi focused on issues such as religious conversions, cow protection, temple-mosque disputes in Varanasi and Mathura, and the persecution of Hindu minorities in neighboring countries.

Over criticism of the former member of the judiciary’s presence at the Hindu right-wing event, Justice Gupta stated that he attended the event as “a citizen of India”. “As far as retired judges attending such events post-retirement is concerned, I cannot comment about others but I have the liberty to associate with platforms and forums to discuss and deliberate upon current issues and topics as any other citizen of the country,” Justice Gupta was quoted by The Quint.

As per a post by the Union minister on X, the event was attended by retired judges, jurists, senior lawyers, and other intellectuals.

Karnataka government in February 2021 issued an order banning students from wearing the hijab in educational institutions.

The hijab ban was challenged by students in the Karnataka High Court, which upheld the ban, ruling that wearing the hijab was not an ‘essential religious practice’ and was not protected under Article 25 of the Constitution of India.

This verdict was then appealed to the Supreme Court, where a two-judge bench consisting of Justice Gupta and Justice Sudhanshu Dhulia delivered a split verdict. Justice Gupta upheld the High Court’s ruling, while Justice Dhulia found it to be in error.

During his tenure as a Supreme Court judge, Justice Gupta made several controversial statements including remarks such as, “Sikhism is ingrained in India, can’t compare with Islamic practices,” and “They come from backward areas, take money, eat money.” However, his most controversial statement remains “Secularism was not there in the original Constitution.”

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