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Synopsis

The Madras High Court recently ruled in support of a police constable who was punished for growing a beard in adherence to Prophet Mohammed's teachings.

Justice L Victoria Gowri noted that while the police force requires strict discipline, this should not lead to the punishment of minority community members for their religious observances.

The court emphasized the importance of respecting the rich diversity of religions and customs in India. "...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...," said the court. 

Police constable G. Abdul Khadar Ibrahim filed a writ petition under Article 226 of the Constitution, praying the high court to quash the punishment order issued by the Commissioner of Police, Madurai City. Ibrahim, who joined the police force in 2009, stated that he had maintained a beard as part of his Muslim faith.

His case was that during a sanctioned pilgrimage to Mecca and Madina in 2018, he developed a leg infection and sought an extension of his leave upon returning. Despite presenting a medical certificate, he was instructed by a duty Sub-Inspector to seek permission from the Assistant Commissioner instead of being granted a leave extension.

Eventually, in March 2021, the Deputy Commissioner of Police issued a punishment order against Ibrahim, stopping his salary increment for three years with cumulative effect. This decision was later modified by the Commissioner of Police, reducing the penalty to a two-year stoppage of increment without cumulative effect.

Before the high court, Ibrahim's counsel argued that the Commissioner of Police without application of mind and appreciation of the standing orders had modified the punishment.

The high court perused the Madras Police Gazette of 1957 and observed that the permission to grow beards can not be granted to police officers other than Muslims and Muslims are permitted to maintain a trim and tidy beards even while on duty.

Furthermore, regarding the charge of absence without leave, court noted that Ibrahim sought medical leave after returning from his pilgrimage which should have been granted by the respondents.

Therefore, court quashed the punishment order and remanded the matter back to the Commissioner of Police, Madurai City to pass appropriate orders in accordance with law within a period of eight weeks. 

Case Title: G.Abdul Khadar Ibrahim v. The Commissioner of Police, Madurai and Another