MOHAMMED ZUBAIR CORPORAL NO. 781467-G versus UNION OF INDIA & ORS.

Citation: [2016] 9 S.C.R. 111 · Decided: 15-12-2016 · Supreme Court of India · Bench: T.S. THAKUR · Disposal: Dismissed

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Judgment (excerpt)

[2016] 9 S.C.R. 111 
MOHAMMED ZUBAIR CORPORAL NO. 781467-G 
A 
v. 
UNION OF INDIA & ORS. 
(Civil Appeal No. 8643 of2009) 
DECEMBER 15, 2016 
[T. S. THAKUR, CJI, DR. D.Y. CHANDRACHUD AND 
L. NAGESWARA RAO, JJ.] 
Armed Forces Regulation, 1964 - Regn. 425 - Air Force 
Rules, 1969 -
r. 15(2j(g)(ii) - Growth of hair etc. by Air Force 
Personnel -Airman in the Indian Air Force, discharged from service 
since he asserted his right to retain a beard on religious grounds 
since he is a Muslim - Said order upheld by the High Court - On 
appeal, held: Maintenance of identity is a crucial element in the 
safety and security of the Forces - No material produced to indicate 
that the appellant professes a religious belief that would bring him 
within the ambit of Regn. 425(b) which applies to "personnefwhose 
religion prohibits ~the cutting off the hair or .shaving off the face of 
its members" - Thus, the Commanding Officer acted within his 
iurisdiction in the interest of maintaining discipline of the Air Force-
Appellant having been enrolled as a member of the Air Force was 
necessarily required to abide by the discipline of the Force -
Regulations and policies in regard to personal appearance are not 
intended to discriminate (]gains! religious beliefs nor do they have 
the effect of doing so - Their object and purpose is tp ensure 
uniformity, cohesiveness, discipline and order, indispensable to every 
armed force of the Union - Thus, the order of High Court upheld -
Constitution of India - Art. 33 - Armed Forces. 
Appellant was enrolled as Airman in the Indian Air Force. He 
filed an application seeking permission to keep a beard on religious grounds 
since he is a Muslim. He was granted provisional permission. Thereafter, 
the appellant was directed to shave off his beard in view of the subsequent 
policy of the Air Force. The appellant, however, asserted his right to 
retain a beard. Eventually, he was discharged from service. The appellant 
then filed a writ petition. The Single Judge of the High Court dismissed 
the petition holding that maintaining a beard was not an integral part of 
the religion professed by the appellant. The said order was upheld by the 
Division Bench. Hence, the instant appeals. 
111 
B 
c 
D 
E 
F 
G 
H 
112 
SUPREME COURT REPORTS 
[2016] 9 S.C.R. 
A 
Dismissing the appeals, the Court 
B 
c 
D 
E 
F 
G 
H 
HELD: 1.1 No material has been produced to indicate that 
the appellant professes a religious belief that would bring him 
within the ambit of Regulation 425(b) which applies to "personnel 
whose religion prohibits the cutting off the hair or shaving off the 
face of its members". The policy letters issued by the Air 
Headquarters from time to time do not override the provisions 
of Regulation 425(b) which have a statutory character. The policy 
circulars are only clarificatory or supplementary in nature. The 
policy letter of 8.05.1980 did initially permit an airman professing 
Islam to sport a beard of a prescribed length. This was revisited 
by the Air Headquarters on 10.08.1982 and on 6.10.1999. On 
6.10.1999 the Air Headquarters made it clear that if an airman 
seeks to grow a beard after joining service he would require the 
approval of the Commanding Officer who would ascertain the 
reasons for his decision, advice the individual to maintain the 
beard in a neat, trim and tidy manner and that once permitted he 
would not be allowed to shave off his beard. Evidently, these 
provisions have been introduced having due regard to the security 
concerns inherent in maintaining identity in the Armed Forces. 
Maintenance of identity is a crucial element in the safety and 
security of the Forces._ particularly in the context of the threat of 
infiltration. The policy was again revisited on 24.02.2003. This 
time a limited protection was granted for those who had a beard 
prior to 1.01.2002 at the time of enrolment but the policy also 
stated that no person would after joining service be allowed to 
maintain a beard. This position'was clarified on 9.06.2003 by 
stating that personnel whose religion demands sporting a beard, 
would be allowed to do so provided they were granted permission 
prior to the date of the letter or had grown a beard at the time of 
joining Air Force. So long as the provisions of Regulation 425 
(which have a statutory effect) are not breached, a mere policy 
can be revisited and modulated in the interest of the Force. The 
policy documents are only clarificatory in nature.

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