Allahabad, Aug 24: In a controversial verdict, the Allahabad High Court has ruled that keeping a beard by a member of a 'disciplined force', is not a constitutional right and is therefore not protected by Article 25 (freedom to profess, practice and propagate religion).
A single bench headed by Justice Rajesh Singh Chauhan of the Lucknow bench of the Allahabad High Court delivered the judgement while rejecting the writ petition filed by a Muslim police constable Mohammed Farman, who was suspended for disregarding the directive to cut his beard while being deployed at Khandasa police station in UP's Ayodhya district.
The court also observed that it was essential for the police, which was a law enforcing agency, to have a "secular image".
"A member of a disciplined force must strictly follow the executive orders or circulars issued by the department or the higher authority... such executive intimation/orders are issued to maintain the discipline in the force directing to keep the appearance and uniform befitting for the members of disciplined force... police force has to be a disciplined force and being a law enforcing agency, it is necessary that such force must have secular image which strengthens the countenance of national integration," the court said.
"Non-cutting the beard despite making the petitioner aware by the In-charge Station House Officer of police station Khandasa when the petitioner was posted as constable to the effect that the police personnel may not have beard as it is a violation of direction/circular being issued by the higher officials is not only a wrong behaviour but the same is misdemeanour, misdeed and delinquency of the petitioner," it further said.
The court also said that the rights given under Article 25 of the constitution are not absolute.
"Article 25 guarantees freedom of conscience and free profession, practice and propagation of religion, therefore, having beard by a member of disciplined force may not be protected under Article 25 of the Constitution of India... all the rights have to be viewed in the context and letter and spirit in which they have been framed under the Constitution... as a matter of fact rights guaranteed under Article 25 of the Constitution of India have inbuilt restrictions," the court remarked.
The petitioner had challenged his suspension and charge sheet after refusing to follow the directive to cut his beard.
Comments
Most of the police manuals are drafted by British in 1861. At that time maximum Muslims were fighting against British. Even now, if we use 1861 manual, we cannot get justice. There is need of drafting our own police manual for secular India.
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