MOHAMMED FASI Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The petitioner a Head-constable in the Police Service of the State of Kerala, seeks the issue of a writ of certiorari to quash Ext. P2 proceedings of the 3rd respondent the Inspector General of Police, Kerala, declining his request for permission to grow beard on a permanent basis.

(2.) The petitioner entered service as a Police constable on 1-4-1963 and was promoted as Head-constable on 3-4-1974. From February 1981 onwards he started growing beard and submitted a representation Ext. P1 dated 10-2-1981 to the Inspector General of Police for permission to grow beard, as according to him, shaving the face is opposed to Quoranic injunctions and the Islamic religion. As a devout Muslim he wants to lead a religious life without transgressing the Code of Conduct, prescribed by his religion. His petition Ext. P1 was rejected by the Inspector General of Police, as per his order Ext. P2 dated 7-12-1981 declining his request to grow beard on a permanent basis. A similar request to the Government was rejected as per Ext. P6 order dated 17-3-1982 produced along with C.M.P.No.2706 of 1985 seeking to amend the O.P. adding a prayer to quash also Ext. P6. as opposed to Art.25 of the Constitution.

(3.) In support of his contention the petitioner has produced Exts. P4 and P5 as per which the Air Force Personnel at Bangalore and Members of the Armed Forces in Karnataka respectively belonging to the Muslim religion are permitted to grow beard. The petitioner relies on Hadiths Nos.780 and 781 in Vol. 7 of Sahih Al-Bukhari, at pages 516 and 517, extracted below, as embodying the prophets instructions to his followers to grow beard.