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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.


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I DO NOT BELIEVE THAT ANY RELIGION SHOULD OR WOULD SPECIFY HOW A PERSON SHOULD DRESS OR HOW A PERSON SHOULD APPEAR. IT SEEMS THAT MANY RELIGIONS USE THE AGE OLD BOOKS OR SOME QUOTES FROM SOMEWHERE TO IMPOSE SOMETHING ON THEIR FOLLOWERS WHICH IS TOTALLY IRRELEVANT TO THE TRUE FOLLOWING OF THE RELIGION. A BURQUA OR BEARD ARE NOT SOMETHING THAT WOULD CHANGE A PERSON'S LIFE OR BELIEF IN A RELIGION. UNFORTUNATELY THE RELIGIOUS LEADERS BRAINWASH THEIR FOLLOWERS INTO DOING THINGS THAT HAVE NO REAL MEANING.
One wonders whether the convent concerned banned the Sikh students from having a beard and turbans. While accepting turban/beard for Sikhs or Bindhi for Hindus, objecting to a Muslim-beard is nothing but predujice to the community. But banning them all would be trying to straight jacket the society into one uniform colourless state.
Sporting beard or wearing full cover burqa is a Fundamental right of every citizen of India. This Fundemental right to practice his religion. If any body does not guarantee this or speak against this, he speak against the constitution. If there is no constitution / no government, it means Civil War. All should be beware of it. Pls. do not disturb MUSLIMS who are law abiding citizens of India, who spell thier blood for the Freedom of India.
It is really unfortunate that even a relatively fearless SC judge had to bow to Islamic fanatics. Hope the same sensitivity is shown when Hindu sentiments are hurt. The country will be a lot safer if SC pushes the Govt for implementation of its own judgement regarding a common civil code.
Whom should we laugh at first? The people who believe the tailor and the barber and the cook constitute religion? Or the school authorities who think up stupid rules instead of concentrating on the kids' brains? Or the people who equate a beard with religious (Islamic)fundamentalism? I can understand the boy. This is the age when you look for manhood symbols. At least, he is saving his parents some money, instead of lighting up a cigarette or gulping down his first peg or making a nuisance of himself for the girls. He will realize later that having some extra facial hair does not make one a man (or a Muslim). Let the boy alone.
Time has come for the courts and politicians to seriously look into religious codes and civil practices. Real democratic system must have 'dos' and 'donts' built into it. Some years ago, sikh M.P insisted to carry sword in parliament on the plea of religion. While religious leaders should also try to change when they are living in plural society, people should not be dogmatic about change. Service to God does not need any special appearance and dress.
BEARD IS ONE OF THE ORGAN OF MUSLIM BODY .IT HAS TO BE MADE COMPULSION TO SPOT BEARD FOR EVERY MUSLIM.ON THIS UNIVERSE NOBODY HAVE THE RIGHT TO MAKE COMENTS REGARDING THIS ISSUE.THIS IS A SUNNATH .
Justice Katju's earlier comments were entirely justified. India is being taken over surreptitiously by an ideology which wants to take it back to medieval times and impose archaic dress codes and it has to be checked before it becomes an eyesore for the citizens at large. Katju's backtracking is a cowardly act and shows the stranglehold of obscurantist elements on the country's ethos.
So in our secular state now even the Supreme Court Judges have started creeping to certain religion. What next?
Most of muslims grow untidy beard which makes others look at them as goondas. And it doesnt feel hygeinic. Judge is right in his views that bearded people look like taliban people. Why do minority appeasement. Truth is truth.
The policy of Muslim appeasement followed by the Congress has surprisingly been copied by the judiciary. At least the judges should not get scared but express their opinions boldly without backtracking for fear of extremists. Religion is in the heart and not by external expressions like sporting a beard.
Even if he has apologised, it has brought down the reputation of judiciary. Having or not having a beard is an fundamental freedom of individuals. It is upto the organisational rules (of the school) and whether when one joins that institution he gave a consent to agree to its rules and whether he is adhering to the rules of that institution or not. Nothing to do with Taliban or Muslim or Hindu - period. Why such a simple case be blown out of proportions and with such a decision making power, is this justice qualified enough to continue as judge ?
Judge was very much right in his comments.Why he had to say sorry! Congress must be happy that TALBANISATION of India started with this regret. Shame to Moily and Manmohan for being spectacular ministers of such an indecent incidence.The day will definitely come when theses congress people will carry Muslims' luggage.
Talibanization would thus mean a culture of seeking knowledge or student culture. I think the people in responsible positions have greater responsibility to not let the terrorists and miscreants snatch away our good symbols from us. These organization simply try to use these respected terminologies to identify them to lend their organizations some respectability, therefore atleast the judges who are trained to be and are expected to be unaffected by the popular though incorrect connotations about various things should use legally and linguistically sound terminology in their orders.Secondly even judges at the highest levels are entitled to have their personal opinion on anything like any other free citizen but while expressing their opinions while performing their official functions they should not express opinions without sound logical and legal reasoning in support of these opinion, which have widespread implications.
No, this is not the way. In the first place Judges are supposed to be balanced in their reactions and utterances. You can not pronounce a wrong decision and then say sorry ! Any human being can do that but not the judges. If you have done some thing then you must have courage to stand up to that. By retracking from stand, the judge has indicated his undependable psyhe. It is better to shed the positions instead of doing injustice to the responsiblity assumed.
As far the apology is concerned its good as some major embarrassment to both parties has been neutralized, but if an individual wants to join an institution that too which is being run by other religious organization then the rights of that particular institution has to be respected too, in this case the boy who insists in having a beard should look for other institutions tat allows keeping of beard rather than making an issue out of such trivial matters. “Life is short enjoy it to the maximum in the minimum time”
What is happening in India? A SC judge ignorant of a Taliban and a Mujahideen? A bearded person is projecting his allegience to the prophet! Thats all.He may like to be called a Mujahideen which has no connection with Taliban movement.There is definitely a room for better education and connection with the masses of India for our judiciary at all cadres and jurisdictions
honourabel judge has done good thing while tendering his apology to put and end to irrelevant issue in the era of development.But his apology does not mean the student should be allowed to have beard.He must not be allowed to keep the beard in order to keep the secular fabric of the nation inrtact.
WHY, WHY, WHY?
it is also mandatory for the school to kick out indiciplined students. schools are ment for learning and not to fan out religious feelings and make the school atmosphere and discipline foul.in the first place why this perticular muslim wants to study in a a christian school and does not follow the school rules.in the name of religion nobody has the right to spoil the atmosphere.
If the logic of Mohd saleem is accepted in law then any Muslim can strike at will at any non-Muslim because it is mandatory according to the Surah of Quran quoted below:8. Al – Anfal12. (Remember) when your Lord inspired the angels, "Verily, I am with you, so keep firm those who have believed. I will cast terror into the hearts of those who have disbelieved, so strike them over the necks, and smite over all their fingers and toes." It is high time the Courts made it clear that the Sharia law is not acceptable in civilized India.
Now judiciary also scared.Allah will rule the world and Hindustan will be Islamistan...
So now even supreme court will withdraw their judgement, If Muslims do not like or accept or criticise it. Shameful.
While I welcome apology by Judge Sri Katju, it is imperative that before making any judgment linked comments should they be very cautious in future. It is not the lone incident happened in the history of judiciary that proving all judgments are not beyond criticism and their wisdom questionable.
India is either a secular nation or a hindu nation. Either ways, Muslims cant go around sporting beard!. Do indians in SAUDI or Pakistan insist on Hindu rights?
any students irrespective of caste should attend school in a neat way that includes not growing beards.But if muslim STUDENTS go even beyond this, they should NOT be forbidden because they are minorities, this is more than TALIBANISM