U.L.BHAT, SANKARAN NAIR
MUHAMMED KUTTY – Appellant
Versus
INSPECTOR GENERAL OF POLICE – Respondent
1. This writ petition comes before us, on reference by a learned Single Judge.
2. The petitioner professes the faith of Islam; by profession he is a policeman.
The rules of his service prohibit the wearing of a beard. For two decades, he
lived under it without demur. Realisation then dawned on him, that to live
without a beard was contrary to the tenets of his faith. We do not know when. He
would only say, that by Ext. P1 dated 19-11-1986, he was directed by the 3rd
respondent to report for duty cleanly shaven.
3. By Ext. P2, he told the respondent that wearing a beard was an article of
faith, that it was not subject to discipline and that:
"Nobody can compel me to swerve from the Islamic faith".
He invited the attention of his superior to Bijoe Emmanual v. State (1986 KLT
1037) to say that he had a right to wear a beard. The 3rd respondent obviously
did not share the views of the petitioner, and issued Ext. P3. Apparently, the
petitioner turned the Nelson's eye on Ext. P3, and did not respond. By Ext. P4,
the 3rd respondent directed the petitioner to report for duty, calling attention
to S.14 and 17 of the Kerala Police Act.
4. The petitioner left matter at that, as far as
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