Judge apologises for remarks
J. Venkatesan
Supreme Court withdraws order on sporting of beard
Mohammad Salim moved review petition
“We are of the view that the matter should be heard by another Bench”
New Delhi: The Supreme Court on Monday withdrew its earlier order dismissing a petition filed by a Muslim student that he be permitted to sport a beard in his school. A Bench of Justice R.V. Raveendran and Justice Markandey Katju passed this order acting on a petition, seeking review of its March 30 order dismissing the student’s plea.
On March 30 while dismissing the petition, Justice Katju had orally observed that secularism could not be overstretched and that ‘Talibanisation’ of the country could not be permitted.
Justice Katju had observed “We don’t want to have Talibans in the country. Tomorrow a girl student may come and say that she wants to wear a burqa, can we allow it?” I am a secularist. We should strike a balance between rights and personal beliefs. We cannot overstretch secularism.”
The student, Mohammad Salim of Nirmala Convent Higher Secondary School, a government-recognised minority institution in Madhya Pradesh, had sought a review of this order and submitted that the observations on “Talibanisation” had caused incalculable damage to the country’s image and the judiciary, besides, hurting the sentiments of the Muslim community.
He submitted that the order “needs to be reviewed afresh as the core issue of a Muslim’s right to sport a beard as guaranteed by Article 25 of the Constitution [right to practise and profess one’s religion] was violated by the school. The petition further stated the appeal against the High Court order was passed without any proper reasoning as it involved a substantial question of law relating to a Muslim’s right to sport a beard in an educational institution.”
“The failure to do so constitutes a grave error of law and calls for a review of the impugned order,” he said.
The Bench in its brief order passed in the chambers on Monday said: “The review petition expresses an apprehension that one of the Judges [Justice Katju] 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 dismissal dated March 30 and place it before the Chief Justice of India.”
It said: “During the hearing certain observations were made by one of us. His [Justice Katju’s] intentions were not intended to offend anyone . However, if anyone’s feelings have been hurt, he [Justice Katju] apologises and expresses his regret in the matter.”
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Date:07/07/2009
URL:http://www.thehindu.com/2009/07/07/stories/2009070756321800.htm
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