On 5th June, the Madras High Court overturned the punishment of the Muslim constable for keeping a beard. While hearing the case of G Abdul Khadar Ibrahim, Justice L Victoria Gowri highlighted that the Madras Police Gazette from 1957 allowed Muslim police officers to keep trimmed and tidy beards. The court said that India is a land of diverse religions and customs. The Judge further highlighted that maintaining strict discipline within the police force is essential. However, it should not come at the cost of overpowering the religious customs and practices of a police personnel.
Chronology of events
Promotion and Leave (2019)
On 14th March 2009, Ibrahim was appointed as a Grade II Police constable and was promoted to Grade 1 Police Constable in 2019. On 7th November 2018, he applied for an earned leave from 9th November 2018 to 9th December 2018. He cited reason as pilgrimage to Mecca and Madina. His leave was sanctioned by the authorities.
Medical Leave Request (December 2018)
After coming back, he applied to extend his leave stating his left leg was infected. Ibrahim attached a medical certificate to support his claims. However, the duty Sub-Inspector asked him to get permission from the Assistant Commissioner for the extension.
Preliminary Inquiry and Charges (2019)
When he approached the Assistant Commissioner, he was questioned about his beard. Later, an inquiry commission was setup to look into his conduct. On 24th October 2019, he was asked to explain his conduct. On 30th November 2019, the inquiry commission issued a charge memo against him. It was stated that that he did not report back to duty after his earned leave. He also faced action for maintaining a beard contrary to the Madras Police Gazette’s guidelines.
Disciplinary Action (2021)
During the investigation, the inquiry officer found Ibrahim guilty of the charges against him. On 23rd March 2021, the Deputy Commissioner of Police ordered a punishment. His increment was stopped for three years with cumulative effect. Ibrahim filed an appeal against the punishment after which it was reduced to two years without cumulative effect on 5th June 2021.
Court Petition (2021)
Unsatisfied with the decision, he filed a writ petition in the High Court. He argued that the orders passed against him overlooked the religious obligations and the standing orders.
Details of the case
In his appeal, Ibrahim contended that the actions taken against him violated his religious rights. Being a devout Muslim, it was his duty to maintain a beard as commanded by Prophet Mohammed. He argued that the authorities did not consider the Madras Police Gazette guidelines from 1957 that allow Muslim officers to maintain a trimmed and tidy beard. He also pointed out that there were procedural flaws as he was not allowed to cross-examine key witnesses during the inquiry process including the duty sub-inspector and the assistant commissioner.
On the other hand, the authorities pointed out that Ibrahim was a habitual troublemaker with a history of disciplinary issues. They argued that the punishment was justified and it was imposed only after a fair and thorough inquiry into the matter. They also pointed out that Ibrahim earlier faced multiple disciplinary actions over his 12 years of service.
Judicial findings
Referring to an Official Memorandum issued in Madras Police Gazette dated 5th February 1957, Justice Gowri said that while permission to grow a beard could not be granted to non-Muslim officers, the Muslim officers in the police force were entitled to maintain a beard for their lifetime. The judge emphasised that a Muslim officer is allowed to keep a beard provided it is trimmed and tidy.
Furthermore, the court noted that the authorities failed to consider Ibrahim’s medical leave request on sympathetic grounds as he was suffering from an infection. Calling the disciplinary action against Ibrahim excessively harsh and disproportionate, the judge set aside the punishment.
Read the judgment here.
