“India Land Of Diverse Religions & Customs”: Madras High Court Sets Aside Punishment On Muslim Policeman For Keeping Beard
Upasana Sajeev
16 July 2024 5:00 AM GMT
The Madras High Court recently came to the rescue of a police constable, who was punished for keeping a beard "following the commandments of Prophet Mohammed".
Stating that India is a land of diverse religions and customs, bench of Justice L Victoria Gowri held 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.
The court was hearing 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 initiated against Ibrahim for not reporting to duty of after completion of earned leave of 31 days and for maintaining a beard against the mandate of Madras Police Gazette.
The enquiry officer held the charges to be proved and the Deputy Commissioner of Police (Armed Reserve) ordered punishment of stoppage of increment for 3 years with cumulative effect. On appeal, the Commissioner of Police modified the order to stoppage of increment for 2 years. Ibrahim had thus approached the court against this order.
Ibrahim argued that the impugned orders were passed without application of mind and without considering the standing orders. He submitted that the authorities should have considered that he belonged to the Muslim community who had a religious faith of maintaining a beard throughout their lives.
Defending the order of punishment, the authorities submitted that Ibrahim was a habitual trouble monger and that he had been penalised with disciplinary proceedings previously also because of his nature. It was argued that the order was passed with due application of mind and did not warrant any interference.
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.
Thus, noting that the punishment was shockingly disproportionate, the court quashed the order and remanded the matter back to the commissioner for fresh consideration.
Counsel for Petitioner: Mr.G.Karthick, For Lajapathi Roy Associates
Counsel for Respondent: Mr.J.John Rajadurai, Government Advocate
Citation: 2024 LiveLaw (Mad) 280
Case Title: G.Abdul Khadar Ibrahim v Commissioner of Police
Case No: W.P.(MD).No.10399 of 2021
