New Delhi, January 22
The Supreme Court today said it would go into the Constitutional validity of a policy against allowing Muslim policemen to sport a beard.

A Bench comprising Justices P Sathasivam and JS Khehar issued notice to the Centre and the Maharashtra Government seeking their response within four weeks to a petition filed by a Muslim police constable who has been asked to remove his beard.

The Bench also asked the Maharashtra State Reserve Police Force (SRPF) not to take any disciplinary action against the constable, Zahiroddin Shamsoddin Bedade, until further orders for sporting a beard in violation of the police rules.

According to the petitioner, he joined the SRPF on January 16, 2008, and shortly thereafter sought permission to grow a beard. In May, 2012, the SRPF Commandant at Jalna, Maharashtra, accepted his request. The permission was, however, cancelled in October, citing the amended guidelines of the state’s home department. The constable contends he was not given an opportunity to present his case before the permission was withdrawn.

Upon this, he approached the Aurangabad Bench of the Bombay High Court, challenging the order. The HC dismissed his plea, holding that the order did not violate his fundamental right to practice religion guaranteed under Articles 25 and 26 of the Constitution. As a result, he has come to the SC.

The Bench noted that a similar matter from the Air Force was already pending in the SC. Further, there were conflicting verdicts of some high courts on the subject. The petitioner’s counsel contended that the Centre had acknowledged the religious practice and allowed Muslim policemen to sport a trimmed beard in consonance with their faith.