"Important Issue Of Constitution": Apex Court Agrees For Detailed Hearing Of SLP By Muslim Cop Who Was Suspended By Maharashtra Govt For Not Shaving Beard

The Supreme Court today said it will examine in detail, the case of Zahiroddin Shamsoddin Bedade, a constable in the State Reserve Police Force (SRPF) who challenged his suspension over keeping a beard. The case, pending since 2013, was brought to the Apex Court after the Bombay High Court upheld the suspension of Bedade.

The Bench of Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra said, "This is an important issue of the Constitution. This has to be argued. We will list the matter for hearing on a non-miscellaneous day."

At the outset, the Counsel for Bedade informed the Bench that this matter was part of the Lok Adalat and it could not be settled. "This is a civil appeal. It has to be argued and it will take some time," the Counsel submitted. 

It is to be noted that on April 13, 2017, the policeman had not agreed to the offer of the Apex Court that it would revoke his suspension if he shaved. 

The Bench, led by the then Chief Justice J.S. Khehar, and also comprising Justice D.Y. Chandrachud and Justice Sanjay Kishan Kaul, had expressed regret over the situation but stated that Bedade could be reinstated if he agreed to keep his beard only during religious periods. "It's your choice," the Bench had remarked. However, Bedade's Counsel declined the offer, arguing that Islam does not endorse the concept of a temporary beard.

The controversy began in 2012 when Bedade, who was serving as a constable in the SRPF, was initially granted permission to grow a beard. However, this permission was later revoked following amendments to the Maharashtra State Reserve Police Force's policy, which required personnel to adhere to specific grooming standards. On December 12, 2012, the Bombay High Court subsequently upheld the SRPF's decision, stating that Bedade could only keep his beard during religious observances, citing the force's secular nature and the need for discipline.

Dissatisfied with the High Court's ruling, Bedade approached the Apex Court for relief. However, the Apex court, while refusing an urgent hearing, referred to a similar case it had dealt with earlier. Bedade's SLP is pending in the Court since January 22, 2013. On December 15, 2016, the Apex Court had ruled in the case of Indian Air Force (IAF) official Mohammad Zubair that unless keeping a beard was an integral part of one's religion—such as in the case of the Sikh community—personnel could not be permitted to grow a beard.

Cause Title: Zahiroddin Shamsoddin Bedade v. The State of Maharashtra MOHE Ministry through its Secretary [SLP(C) No. 920/2013]