Karnataka High Court Upholds Case Against Congress Leader in Hijab Controversy
The Karnataka High Court has made a significant ruling in a high-profile case stemming from the 2022 hijab row, dismissing a petition filed by Congress leader Mukarram Khan. The court refused to quash the criminal offence registered against him for allegedly making inflammatory statements during the heated period of the hijab controversy.
Court's Detailed Order and Key Findings
In an order dated February 4, 2026, Justice Rajesh Rai K of the Karnataka High Court stated that there is prima facie evidence against Mukarram Khan, supporting the charges filed. The court noted that witnesses have categorically detailed the actions of accused No. 1, referring to Khan, and that the materials presented in the charge-sheet are sufficient to proceed with the case.
The bench emphasized that the proceedings against Khan must continue, as the evidence aligns with the offences under sections 298 and 295 of the Indian Penal Code (IPC), which relate to wounding religious feelings and defiling places of worship with intent to hurt religious sentiments.
Case Against Hyderabad Resident Quashed
In a contrasting decision, the court quashed the case against Dr. Soyab Khan, a resident of Hyderabad, who was accused of sheltering Mukarram Khan after he fled following the registration of the FIR. The court found that there was no evidence or witness statements supporting the allegations against Dr. Khan.
The bench clarified that to invoke Section 212 of the IPC, which deals with harboring offenders, a separate investigation must be conducted by the police after obtaining permission from a magistrate. Since this was not done, and the principal offence does not implicate co-accused under this provision, continuing proceedings against Dr. Khan would constitute an abuse of the court's process.
Background of the Case and Allegations
The controversy dates back to February 2022, when a complaint was registered alleging that Mukarram Khan made objectionable statements on February 8, 2022. Videos of his remarks went viral, where he was accused of saying that anyone who opposes the hijab would be cut in pieces. This led to an FIR under IPC sections 298 and 295, and after investigation, a chargesheet was filed against him.
The hijab row in Karnataka began in early 2022, with the state government issuing an order on February 5, 2022, that prohibited Muslim students from wearing headscarves in pre-university colleges. In March 2022, the Karnataka High Court upheld this order, ruling that wearing the hijab is not an essential religious practice in Islam and that uniform dress codes in educational institutions do not violate fundamental rights. The Supreme Court later delivered a split verdict on appeals against this ruling.
Implications and Next Steps
This ruling reinforces the legal scrutiny over inflammatory speech during sensitive social issues. The court's decision to proceed with the case against Mukarram Khan highlights the importance of accountability for statements that could incite religious tensions. Meanwhile, the quashing of charges against Dr. Soyab Khan underscores the need for proper legal procedures in implicating individuals for harboring offences.
The proceedings against Mukarram Khan are set to continue, marking a pivotal moment in the ongoing legal and social discourse surrounding the hijab controversy in Karnataka.
