Allahabad’s Supreme Court has refused to allow a suspended Muslim police officer to keep a beard while on duty because it violates official orders and he cannot seek protection under Article 25 of the Constitution.
The Lucknow Bench of Justice Rajesh Singh Chauhan has passed the warrant on a subpoena filed by police officer Mohd Farman, who was suspended last November for maintaining a beard despite being told to shave it.
The national DGP had issued a circular on October 26, 2020 prohibiting police officers from wearing beards.
The officer had challenged the court against his suspension and requested that he be allowed to keep a beard, citing Article 25, which deals with freedom of religion.
In passing the order, the HC Bench said that not shaving a beard despite instructions from senior officials is a violation of the circular from the Director General of Police and as such is not only wrong conduct but also a crime, crime and police misconduct. policeman.
The Bank noted that the keeping of a beard by a member of a disciplined force cannot be protected under Article 25, and ruled: “This is an area of the competent authority to issue guidelines regarding the wearing of proper uniform and keeping the appearance in a manner required of the members of a disciplined force and no interference should be made.”
The Bench refuted the plea that keeping a beard is a fundamental right of the petitioner and said Article 25 of the Indian Constitution does not confer an absolute right in this regard.
“All rights must be seen in the context, letter and spirit in which they are drafted by the Constitution. In fact, the rights guaranteed under Article 25 of the Constitution of India have built-in limitations,” it said.
The Bench rejected the petition on August 12 and ordered the authorities to conduct and complete the departmental investigation against the petitioner in accordance with the law.