New Delhi

The Madras High Court permitted a Muslim police constable to keep his beard as symbol of his faith. A bench of Justice L Victoria Gowri held that since India is a land of diverse religions and customs, and though police department warranted maintaining strict discipline, it would not mean that a personnel belonging to the minority community can be punished for maintaining a beard.

“Despite the department of the police of the Government of Tamil Nadu warrants strict discipline, the duty of upkeeping discipline in the department does not permit the respondents to initiate punishment on employees belonging to the minority communities, particularly Muslims for maintaining a beard which they do throughout their lives by following the commandments of Prophet Mohammed,” the court said.

According to Live Law website on legal case, the verdict comes on a petition filed by G Abdul Khadar Ibrahim who was promoted to the post of Grade I Police Constable in the year 2019. An inquiry was launched against him for not reporting to duty of after completion of his earned leave of 31 days and for keeping a beard against the norms of Police.

After the enquiry the police ordered punishment of stoppage of increment for 3 years with cumulative effect and it was later modified for 2 years.

Ibrahim had approached the Courts against this order.

According to Live Law, Ibrahim argued that the authorities should have considered his religious affiliation and that as a Muslim he has a faith of maintaining a beard.

The Police argued that Ibrahim was a habitual trouble monger and that he had been penalised with disciplinary proceedings previously also.

The court noted that as per an Office Memorandum issued to the Madras Police Gazette, while permission could not be granted to officers to maintain beard, Muslim police officers were entitled to maintain a beard throughout their lifetime.

With respect to the other charge, the court noted that the officers should have allowed Ibrahim's medical leave in view of his infection after returning from the earned leave.

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Thus, noting that the punishment was shockingly disproportionate, the court quashed the order and remanded the matter back to the commissioner for fresh consideration.