Sporting beard is not Talibanisation: SC

NEW DELHI: The Supreme Court on Friday ordered a school in Vidisha, Madhya Pradesh, to revoke the expulsion of a Muslim student, who was dismissed for sporting a beard. The court issued notice to Nirmala Convent High School on the petition moved by the student for expelling him for refusing to shave, after claiming that the beard was part of his religious belief.

The issue came up for hearing in the apex court for the third time. An earlier bench had dismissed the student���s plea with the controversial observation by Justice Markandey Katju that the ���country cannot be Talibanised���.

The Class X student, Mohd Salim, had subsequently filed a review petition objecting to the observations and expressed apprehension over Justice Katju���s impartiality. A second bench headed by Justice R V Raveendran recused from hearing the matter and requested the Chief Justice of India to refer the matter to a different bench. Master Salim���s fresh Special Leave Petition (SLP) was then taken up by the bench headed by Justice Agrawal.

Justice Katju, in the meanwhile, apologised for his controversial comments. ���Did they expel you merely because you had a beard? So if you are a Sikh, you will not be able to sport a beard. Tomorrow, they will say you are not fair complexioned. Nowadays, it has become a fashion for some people to pierce their ears for a ring. So will such persons be not allowed to study,��� asked a bench comprising Justice B N Agrawal and Justice G S Singhvi.

The school had sacked the student in July, 2008, after he refused to shave his beard on the ground that it was mandatory in Islam. The Madhya Pradesh high court dismissed Salim���s plea, after which he appealed in the apex court.

However, during the hearing on March 30, Justice Katju had told petitioner���s counsel B A Khan that Muslims have no Fundamental Right or religious duty to sport a beard. The judge had further said the apex court cannot allow Muslim students to sport a beard as it amounted to ���Talibanisation��� of the country.

According to the bench, if the plea of the student was entertained, then a girl student might insist on wearing a burqa in the classroom soon. ���If there are rules, you have to follow it. You cannot say that I will not wear a uniform and I will wear only a burqa,��� the bench had said.