A prison officer is suing the Prisons Commissioner for allegedly refusing to promote him because of his beard.
Arshad Singh, an acting Prison Officer II attached to the Port-of-Spain State Prison, is contending that the beard is based on his religious beliefs as a practicing Muslim.
Earlier this week, Singh was granted leave by Justice Margaret Mohammed in the San Fernando High Court, to seek judicial review challenging the decision of acting Prisons Commissioner Deopersad Ramoutar for his failure to promote him.
Represented by attorney Imran Khan, Singh is contending that the decision is against his constitutional rights and is unlawful.
He is asking the court to quash the commissioner’s decision and order that he be promoted to the rank of Prison Officer 11.
In his affidavit, Singh said he was called to a promotion ceremony at the Prisons Training College to be promoted on September 23, 2022, but while there the commissioner refused to promote him because of his beard.
He said, “The decision, action or conduct of the Commissioner of Prisons in not promoting me on the 23rd September, 2022 when I was called out for the promotion ceremony to be promoted and receive my instrument of appointment for the substantive position of Prison Officer II is unlawful, in that it is illegal and/ or procedurally improper and/ or unreasonable.”
He is arguing that his promotion was approved by the Public Service Commission and the commissioner does not have the jurisdiction to reverse the PSC’s decision.
“The decision of the Commissioner of Prisons in denying me my promotion because of my beard which I wear based on my religious belief and observance as a practicing Muslim is therefore illegal, procedurally improper and unreasonable,” he added.
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 said a senior officer permitted him to keep his facial hair as a means of “target hardening” after his and his colleagues’ lives were threatened by some unruly inmates at the Maximum Security Prison, cell block (Division I and T) in 2010/2011.
At the time, he said, he was not afforded the opportunity to get a prison issued firearm like his colleagues.
Since then to 2018 he kept his facial hair at approximately half inch, but in 2018 he fulfilled the fifth pillar of Islam which was the pilgrimage to the holy land of Mecca, Saudi Arabia to perform the “Hajj”.
When he returned, he requested in writing, permission to keep his facial hair which had grown longer. He said his superiors did not raise any objections then to him keeping a beard.
Singh claimed on three occasions in July 2020, October, 2020 and August 2021 the then commissioner inquired about his facial hair and he (the then commissioner) advised him to have his beard properly groomed, which he did.
He recalled that on May 17, 2022, Ramoutar had a conversation with him about his beard and three months later he was informed by a colleague that he was required to request written permission to keep his facial hair.
In his letter he made reference to the Prison Guide which contains the organisational policies of the Prison Service to show that the keeping of his beard was in conformity with and in furtherance of his religious beliefs and practices as encouraged by the policies of the Prison Service.
The section stated, “The officer should keep alive his interest in religious practices, his desire for further education and his enjoyment of the arts, music, sport, etc. The wider the area from which he draws encouragement, the deeper the root of his personal life goes down. It is our business to bring the dispositions that are lovely in our private life into the service.”
On September 22, 2022, he was informed that he had been instructed by the commissioner and deputy commissioner to report to Prisons Training College at 12.55 pm the following day to be promoted.
While at the college with other officers, he said he was told that he would have to wait to get clarification from the commissioner for promotion.
He said, “I was asked by the commissioner to explain my facial hair. In response, I explained the reason to him was just as in my letter dated August 17, 2022 which was sent to the Commissioner of Prisons via the chain of command. The commissioner then informed me that he did not receive the letter, and will not be promoting me because of my facial hair.”
Singh said the commissioner told him that rule #248 is not for officers, but only for prisoners and cannot be used to justify him having facial hair.
“He further went on to state that he has permitted his security detail to keep their facial hair as a form of target hardening. He elaborated that is to allow officers to scope out the environment in which he has to visit to ensure that it is safe for him.”
Singh said he was asked to leave and he felt embarrassed in front of his colleagues and senior prison officers.
Singh is also contending that the commissioner’s decision also amounts to a breach of the rules of natural justice as he was not permitted or allowed to make any representation in his defence.
Citing international conventions, he is also challenging the legality of Trinidad and Tobago Prison Service General Order No. 104 of 2006.
He said, “As such the provisions of paragraph 11 of the Trinidad and Tobago Prison Service General Order No 104 of 2006 which disallows the wearing of the beard even for the purpose of an officer’s religious practice is unlawful in that it is illegal and/ or unfair and/ or unreasonable.”
Through his attorney, he sent a pre-action protocol letter to the acting commissioner and the Solicitor General asking them to promote him within 14 days of the date of the letter.
However, he said to date he has received no response. The first case management hearing will be held virtually on March 27.
