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2008 DIGILAW 1299 (PNJ)

Ansari Aaftab Ahmed v. Union of India

2008-07-31

MAHESH GROVER, VIJENDER JAIN

body2008
JUDGMENT Vijender Jain, C.J. (Oral):- This order will dispose of Letters Patent Appeal No.197 of 2008 as well. 2. The appellant is impugning the judgment of the learned Single Judge dated 14.7.2008. 3. The controversy is with regard to the claim of the appellant who is a professed Muslim by faith and had joined the Air Force. His grievance is that he be permitted to grow and retain moustache and a beard, which, according to him, is an integral part of the Muslim religion. 4. To re-enforce his prayer he has assailed the instructions which have been issued by the respondents from time to time with specific emphasis on the instructions issued on 24.2.2003, wherein it was provided that "only those Muslim personnel who had kept beard along with moustache at the time of commissioning/enrolment prior to 01.Jan.2002, would be allowed to keep beard and moustache. Such personnel are to maintain it in a manner that it is neat, trimmed and tidy and not more than the length which could be covered by one fist. Muslims who have grown beard after joining service should shave not the beard.” 5. Two-fold argument was raised by the learned counsel for the appellant that the cut-off date, i.e. 1.1.2002, as provided in the instructions, is irrational and tends to create two classes within the same class and, therefore, is discriminatory. The second contention raised was that the objective of the said instructions as given out by the respondents was to ensure that the identity of the person remains the same as it was at the time of his commissioning/enrolment. But, according to the learned counsel for the appellant, it could easily be taken care of by issuing fresh identity cards and in fact the respondents by issuing the policy Annexure R-3/4 have provided for such an eventuality when it incorporated the following clause in the said instructions :- “……In pursuance of this directive, Commanders are to ensure that necessary endorsements are made in the personal documents of such individuals and photographs depicting such changes in the facial appearance are affixed to them. The Identity Cards also need to be changed accordingly.” 6. The caveat petition has been filed by the respondents and the Asstt. The Identity Cards also need to be changed accordingly.” 6. The caveat petition has been filed by the respondents and the Asstt. Solicitor General of India while appearing for the respondents contended that the contention of the appellant is misplaced as the instructions only lay down that Muslim Personnel who had kept beard along with moustache at the time of commissioning/enrolment prior to 1.1.2002 would be permitted to retain the beard and moustache but under no circumstances can a Muslim who has grown a beard after joining the service be permitted to retain the same. 7. We have heard the learned counsel for the parties and have perused the judgment of the learned Single Judge in-extenso. 8. Regulation 425 of the Regulation for the Indian Air Force is the fountain head of all the instructions which have been issued from time to time. Regulation 425(b) is reproduced as under:- “(b) Personnel whose religion prohibits the cutting or hair or shaving of the face or its members will be permitted to grow hair or retain beard. Such hair/or beard will be kept clean, properly dressed and will not be removed except on medical grounds or on application duly approved.” 9. A perusal of the instructions leave no doubt in the mind of this Court that the avowed objective is to ensure that during the service a person does not effect a change in his identity so as to make the recognition difficult and that is the reason why it has been said that a person of Muslim religion who had kept beard at the time of commissioning/enrolment would be permitted to retain his looks but not the persons who wish to grow a beard and moustache after the commissioning/enrolment. 10. We are also mindful that the necessity to issue these instructions qua Muslims has been necessitated because nowhere it is provided that growing of moustache and a beard is an integral part of the faithful. 11. The learned Single Judge has relied upon number of precedents which have been reflected in the judgment itself and has also relied upon other sources with which we concur to say that the Muslim religion unlike the religion of Sikhs does not provide for growing a beard and moustache as an inherent feature of their religion. That apart, we also accept the argument of the Asstt. That apart, we also accept the argument of the Asstt. Solicitor General of India, who has stated that the matter pertains to the Armed Forces wherein certain level of discipline has to be maintained and that the rules and regulations have broadly accommodated all the basic interest or various religions in a secular manner. Consequently, we do not find any infirmity in the judgment of the learned Single Judge dated 14.7.2008 and the appeal is dismissed. --------------------