The Madras High Court has overturned the punishment of a Muslim constable, G Abdul Khadar Ibrahim, who was penalised for maintaining a beard. Justice L Victoria Gowri noted that the Madras Police Gazette from 1957 allowed Muslim police officers to keep trimmed and tidy beards, affirming that India is a land of diverse religions and customs. While maintaining discipline in the police force is crucial, it should not override the religious customs and practices of police personnel, the court observed.
Ibrahim, appointed as a Grade II Police Constable on March 14, 2009, and later promoted to Grade I in 2019, had applied for earned leave from November 9 to December 9, 2018, for a pilgrimage to Mecca and Medina. Upon his return, he requested an extension of his leave due to a leg infection, supported by a medical certificate.
However, when he approached the Assistant Commissioner for permission, he was questioned about his beard, leading to an inquiry into his conduct.
On October 24, 2019, Ibrahim was asked to explain his actions, and on November 30, 2019, the inquiry commission issued a charge memo against him for not reporting back to duty and for maintaining a beard contrary to the Madras Police Gazette’s guidelines.
The inquiry officer found Ibrahim guilty, and on March 23, 2021, the Deputy Commissioner of Police ordered that his increment be stopped for three years with cumulative effect. Ibrahim’s appeal reduced the punishment to two years without cumulative effect on June 5, 2021.
Ibrahim filed a writ petition in the High Court, arguing that the orders against him overlooked his religious obligations and the standing orders.
He contended that as a devout Muslim, maintaining a beard was commanded by Prophet Mohammed, and the authorities failed to consider the 1957 Madras Police Gazette guidelines allowing Muslim officers to keep a trimmed and tidy beard.
The authorities countered by labelling Ibrahim a habitual troublemaker with a history of disciplinary issues, arguing that the punishment was justified and imposed after a fair inquiry. They noted that Ibrahim had faced multiple disciplinary actions over his 12 years of service.
Justice Gowri referred to an Official Memorandum issued in the Madras Police Gazette dated February 5, 1957, stating that while non-Muslim officers could not be granted permission to grow a beard, Muslim officers were entitled to maintain one provided it was trimmed and tidy. The judge emphasised that the authorities had failed to consider Ibrahim’s medical leave request sympathetically, given his infection.
Calling the disciplinary action against Ibrahim excessively harsh and disproportionate, the judge set aside the punishment, reinstating his rights as per the 1957 guidelines.
