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Choose L Victoria Gowri famous that whereas the police pressure required strict self-discipline, Muslims shouldn’t be punished for his or her spiritual observances. (consultant image)
The Excessive Courtroom famous that as per the Madras Police Gazette 1957, Muslims are allowed to take care of a neatly trimmed beard even whereas on obligation.
The Madras Excessive Courtroom lately dominated in favor of a police officer who was punished for rising a beard in compliance with the teachings of the Prophet Muhammad.
Justice L Victoria Gowri famous that whereas the police pressure requires strict self-discipline, this could not lead to members of the minority neighborhood being punished for spiritual rituals.
The courtroom emphasised the significance of respecting the wealthy range of Indian religions and customs. “…Sustaining departmental self-discipline doesn’t permit the respondent to punish workers belonging to minority communities, significantly Muslim workers who’ve grown beards all through their lives…” the courtroom stated.
Constable G Abdul Hadar Ibrahim filed a writ petition below Article 226 of the Structure searching for the Excessive Courtroom to quash the penalty order issued by the Madurai Metropolis Police Commissioner. Ibrahim, who joined the police pressure in 2009, stated rising a beard was a part of his Muslim religion.
His case is that in a licensed pilgrimage to Mecca and Medina in 2018, he developed a leg an infection and sought an extension of his depart upon his return. Regardless of exhibiting the medical certificates, the sub-inspector on obligation directed him to hunt permission from the Assistant Commissioner as an alternative of getting extension of depart.
Lastly, in March 2021, the police chief issued a penalty order towards Ibrahim, suspending his wage improve for 3 years with cumulative impact. The police chief later revised the choice, decreasing the penalty to a stop and desist for 2 years, with no cumulative impact.
On the Excessive Courtroom, Ibrahim’s attorneys argued that the police chief had modified the punishment with out contemplating and understanding standing orders.
The Excessive Courtroom perused the Madras Police Gazette of 1957 and located that cops apart from Muslims weren’t allowed to have beards and that Muslims may keep neatly trimmed beards even whereas on obligation.
Moreover, relating to the cost of unauthorized absence, the courtroom famous that Ibrahim sought medical depart after getting back from the pilgrimage, which ought to have been permitted by the defendant.
Accordingly, the courtroom quashed the penalty order and remanded the matter to the Madurai Metropolis Police Commissioner for passing acceptable order in accordance with the legislation inside eight weeks.
