India Tomorrow
CHENNAI –The Madras High Court recently quashed the punishment handed over to a Muslim police constable Abdul Khadar Ibrahim for keeping a beard in adherence to Prophet Mohammed’s teachings.
The single-judge bench of Justice L Victoria Gowri noted that the Madaras Police Gazette of 1957 allowed Muslim police officers to keep trimmed and tidy beards.
Justice Gowri affirmed that while the police force requires strict discipline, this should not override the religious customs and practices of police personnel. The court said that the required discipline should not lead to the punishment of minority community members for their religious observances.
The court emphasised the importance of respecting India’s rich diversity of religions and customs. It observed, “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.”
Abdul Khadar Ibrahim was appointed as a grade II police constable in March 2009 and later promoted to grade in 2019.
His case of punishment for his beard is related to his Haj pilgrimage of 2018 in an unfortunate way. He had gone on the pilgrimage after getting the sanction of the required leave. However, due to his leg infection, he needed an extension of his leave. He produced a medical certificate for this infection.
Despite presenting the medical certificate, he was instructed by a duty Sub-Inspector to seek permission from the Assistant Commissioner instead of being granted a leave extension.
But his request for an extension of leave was met with a question on his beard as he approached the Assistant Commissioner for sanctioning of his extended leave. On October 24, 2019, Abdul Khadar was asked to explain his beard-keeping and later an inquiry commission issued a memo against him for not reporting back to duty and for keeping a beard citing the guidelines of Madras Police Gazette.
On March 23, 2021, the Deputy Commissioner of Police issued a punishment order against Ibrahim, stopping his salary increment for three years with cumulative effect. On Ibrahim’s appeal, this decision was slightly modified by the Commissioner of Police. Now his penalty was reduced to a two-year stoppage of increment without cumulative effect.
However, Abdul Khadar Ibrahim was not satisfied with this decision. So, he 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. He contended that as a devout Muslim, keeping a beard was commanded by the Prophet Mohammad (PBUH). He also argued that the authorities failed to consider the 1957 Madras Police Gazette that allowed Muslim officers to keep a trimmed and tidy beard.
Ibrahim’s counsel argued that the Police Chief without an application of mind and appreciation of the standing orders had modified the punishment.
Justice Gowri referred to the Madras Police Gazette of 1957 and observed that Muslim officers were entitled to maintain trim and tidy beards even while on duty. Justice Gowri also emphasized that the authorities did not consider Ibrahim’s medical leave request sympathetically though he had an infection in his leg.
The court called the disciplinary action against Ibrahim excessively harsh and disproportionate. Therefore, the court quashed the punishment order and remanded the matter back to the Commissioner of Police, Madurai City.
