India is a land of diverse religions and customs, Justice L Victoria Gowri says in her verdict
Team Clarion
NEW DELHI – The Madras High Court has set aside the punishment meted out by police authorities to a Muslim constable for appearing on duty with beard asserting that India is a land of diverse religion and customs.
According to Bar & Bench news portal, the court termed the punishment as shockingly disproportionate and quashed the commissioner’s penal order.
Justice L Victoria Gowri also held that Muslims are permitted to maintain trimmed and tidy beard while on duty. “India being a land of diverse religions and customs, the beauty and uniqueness of the land vest in the diversity of the citizen’s beliefs and culture. 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 Muhammad,” Justice Gowri observed in a judgment passed on 5 June.
The order was in response to a petition by a constable who was punished for appearing before a senior officer with a beard after travelling to Makkah in Saudi Arabia to perform the Haj pilgrimage. In 2018, the constable was given a leave for 31 days for the religious pilgrimage in Makkah. After his return, he sought an extension of leave due to an infection in his leg.
An assistant commissioner denied an extended leave and instead raised questions about his beard. In 2019, the Deputy Commissioner of Police (DCP) sought a formal explanation over the constable having a beard, which was alleged to be against the mandate of the Madras Police Gazette.
The constable was punished over two charges – one for maintaining a beard and another for not reporting back to duty after his 31-day leave and seeking medical leave for around 20 days. In 2021, the DCP directed that the constable’s increment be halted for three years with cumulative effect as punishment. After an appeal against the order, the authorities modified the sentence to halt the increment for two years without cumulative effect.
The constable challenged the order before the High Court which granted him relief on June 5.
The court sent back the matter to the commissioner for fresh order in accordance with law within eight weeks. “As far as count one in charge memo is concerned, the petitioner has sought for medical leave, in view of the infection suffered by him after returning from a long leave of 30 days, the respondents ought to have granted with consent,” the court added.
