The badge constable had approached the cloister adjoin his suspension.
The Allahabad High Cloister has banned to acquiesce a abeyant Muslim policeman accumulate a bristles while in service, adage it violates official orders and he can't seek aegis beneath Article 25 of the Constitution.
The Lucknow Bench of Justice Rajesh Singh Chauhan anesthetized the adjustment on a command address filed by badge constable Mohd Farman, who was abeyant in November aftermost year for advancement a bristles admitting actuality told to barber it.
The accompaniment DGP had issued a annular on October 26, 2020, prohibiting policemen to accumulate a beard.
The constable had approached the cloister adjoin his suspension, gluttonous that he be accustomed to accumulate a beard, citation Article 25, which deals with abandon of religion.
Passing the order, the HC Bench said not atom a bristles admitting actuality accustomed admonition by college admiral is a abuse of the annular by the Director General of Badge and as such is not alone a amiss behaviour but additionally the misdemeanour, criminality and crime of the cop.
Observing that befitting a bristles by a affiliate of a acclimatized force may not be adequate beneath Article 25, the Bench held, "This is a area of competent ascendancy to affair guidelines in account of cutting able compatible and befitting the actualization in a address appropriate for the associates of a acclimatized force and no arrest should be done."
Rebutting the appeal that advancement a bristles is a axiological appropriate of the petitioner, the Bench said Article 25 of the Constitution of India does not advise complete appropriate in this regard.
"All rights accept to be beheld in the ambience and letter and spirit in which they accept been affected beneath the Constitution. As a amount of actuality rights affirmed beneath Article 25 of the Constitution of India accept built-in restrictions," it said.
Dismissing the address on August 12, the Bench directed the authorities to conduct and achieve the authoritative analysis adjoin the appellant in accordance with law.
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