New Delhi, July 06: Under criticism from Mulsim
groups, Supreme Court judge Justice Markandeya Katju on Monday
apologised for his controversial comments that Muslim students
cannot insist on sporting beards as it would lead to
"Talibanisation" of the country.
A bench of Justices R V Raveendran and Markandeya
Katju also withdrew the order passed by it on March 30 in
which it had dismissed the petition filed by a student
challenging the directive of a convent school in Madhya
Pradesh that Muslims cannot sport beard.
"During the hearing, certain observations were made by
one of us (Justice Markandeya Katju). His intentions were not
to offend anyone. However, if any one's feeling has been hurt,
he apologises and expresses regret in the matter," the bench
said in an order.
The apex court said since the petitioner Mohd Saleem
had expressed apprehension that one of the judges (Katju) was
biased it was requesting the Chief Justice of India to place
the matter before another bench for hearing.
"The review petition expresses apprehension that one
of the judges was biased against the petitioner. We are of the
view that the matter should be heard by another bench. We
therefore, withdraw the order of March 30, 2009," the apex
court said while referring the matter to another bench for a
fresh hearing.
Nirmala Convent High School, Vidisha, Madhya Pradesh,
had removed Mohd Saleem, a 10th class student, after he
refused to shave his beard on the ground that it was
mandatory in Islam.
Saleem challenged his removal in the State High Court
which upheld the school's decision after which he appealed to
the Apex Court.
However, during the hearing on March 30, Justice Katju
had told the petitioner and the advocate Justice B A
Khan(retd), who appeared for the student, that Muslims have no
fundamental right or religious duty to sport a beard.
The judge further observed that it (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 tommorow a girl
student might insist on wearing only a burqa in the classroom.
"If there are rules, you have to follow it. You can't
say that I will not wear a uniform I will wear only a burqa,"
the bench observed.
The apex court had said that a minority institution
has its own set of rules and rights provided by Article 30 of
the Constitution and the same cannot be breached by any
person.
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The court further said if the student was not interested
in following the rules then he has the option of joining some
other institution.
"You can join some other institution if you do not
want to observe the rules. But you can't ask the school to
change the rules for you,"Justice Katju said.
Several Muslim groups had reportedly approached the
Chief Justice of India seeking withdrawal of the remarks on
Talibanisation by Justice Katju.
Saleem in the meantime filed a review petition
challenging the apex court's order and also sought withdrawal
of the controversial remarks by justice Katju.
Appearing for the student, senior advocate B A Khan
had, during the arguments, said Article 25 of the Constitution
guaranteed protection to Salim to pursue his religious
practice of keeping beard and the regulation providing for
shaving it was violative of this provision.
He said the act of the principal to force the student
to leave the school for keeping beard was against "his
religious conscience, belief and custom of his family".
Pointing out that the Sikh community members were
allowed to keep a beard and sport a turban, Salim alleged
there was a clear discrimination by the school to force him to
be clean shaven and this rule was violative of his fundamental
rights.
Bureau Report
First Published: Monday, July 06, 2009, 21:07