A constitutional motion by a prison officer who claims his right to wear a beard in keeping with his religious beliefs has been infringed comes up for hearing in the High Court today.
Justice Robin Mohammed will hear the motion filed against the Attorney General by Arshad Singh, a practicing Muslim who is a prison officer attached to the Port-of-Spain prison. Singh also has a pending judicial review matter against the Prison Commissioner for failing to promote him last year because of his beard. He is being represented by attorney Imran Khan in both matters.
Last week, Justice Mohammed awarded practicing Muslim Shazim Mohammed $200,000 in compensation after his beard was shaved while he was serving a six-year prison sentence at the Port-of-Spain prison.
Singh is seeking a declaration that his right to freedom of conscience and religious belief and observance was infringed by the denial of his request to wear his beard and/or the prohibition. He is also asking the court to rule that the provisions of Paragraph 11 of the Trinidad and Tobago Prison Service General Order No. 104 of 2006, which does not allow prison officers to wear a beard on religious grounds, is unconstitutional, illegal, null and void.
He wants the court to order the state to allow him to wear his beard neatly groomed during his employment as a prison officer in conformity with the practice of his religion.
In his affidavit, Singh, who has almost 18 years service, said he was called to a promotion ceremony at the Prisons Training College last September 23, but acting Commissioner Deopersad Ramoutar refused to promote him because of his beard. Singh explained that according to Islam teachings “a beard is essential upon all Muslim men and it is unlawful for them to shave it.”
He is contending that the state’s failure to promote him because of his beard which is part of his religious beliefs is illegal and unconstitutional.
“The action of the State also amounts to an inequality of treatment and is contrary to Section 4(d) of the Constitution in that Muslims at the Trinidad and Tobago Prisons comprise both prisoners and prison officers.
“It is therefore an inequality of treatment which serves no legitimate aim to allow the Muslim prisoners to keep their beards and not allow the Muslim officers like the Claimant to keep theirs,” he said in his affidavit.
In December, Singh’s attorney sent a letter to the Commissioner which was copied to the Solicitor General asking them to promote him within 14 days of the date of the letter. However, to date there has been no response.