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SC upholds dismissal of Christian Army officer for refusal to join regiment’s religious rituals
The Supreme Court on Tuesday dismissed a petition filed by a Christian Army officer challenging his termination for refusing to take part in religious rituals during weekly regimental parades, Live Law reported.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi refused to interfere with a Delhi High Court order from May that upheld the dismissal of Lieutenant Samuel Kamalesan in 2021.
The bench questioned whether his refusal to participate in the rituals did not amount to hurting the religious sentiments of soldiers under his command.
“If this is the attitude of an Army officer, then what to say!” Bar and Bench quoted the chief justice as saying.
Commissioned in 2017 and posted with a Sikh squadron, Kamalesan had faced disciplinary proceedings for refusing to enter the inner sanctum of the regiment's Hindu temple and gurudwara during mandatory parades.
In his petition, Kamlesan held that he accompanied his troops to the temple and gurudwara for the weekly religious parades and festivals. However, he said that he had sought an exemption from entering the inner sanctum of the religious structures.
This was done not only as a sign of respect to his Christian faith but also out of respect for the sentiments of his troops, so that his non-participation in rituals in the inner shrine would not offend their religious sentiments, Kamalesan said in his petition.
The Army, however, claimed that he refused to change his stance despite counselling by senior officers and Christian clergy, Bar and Bench reported.
The officer's refusal undermined unit cohesion and troop morale, it added.
Kamalesan was terminated from service in 2021, an order he challenged in the High Court.
In May, the High Court held that the issue was not one of religious freedom but of obeying a lawful command of a superior.
Before the Supreme Court, advocate Gopal Sankaranarayanan, representing Kamalesan, argued that the officer had committed only one infraction, which was refusing to enter the sanctum at his place of posting, Live Law reported.
Kant responded: “Is this sort of cantankerous conduct permissible in a disciplined force?”
The bench also noted that a pastor had earlier stated that entering the sanctum did not violate Christian tenets, a view the advocate said applied only to a Sarv Dharm Sthal.
Pointing out that the location also had a gurudwara, Kant said it was “one of the most secular places”.
“The manner in which he is behaving, is he not insulting the other religions?” Live Law quoted him as asking. “Religious ego such high that he does not care about others?”
Sankaranarayanan said that Kamalesan had objected only when asked to perform rituals and that Article 25 protected his freedom not to worship a deity.
However, Bagchi said Article 25 safeguards essential religious practices, not every sentiment, and that a commanding officer must respect the “collective faith” of the troops. “Where in Christian faith is entering a temple barred?” he asked.
Kant added that leaders must “lead by example” and said the officer's conduct showed “grossest indiscipline”.
During the hearing, Kant also observed that the officer was completely “misfit” for the Army, Bar and Bench reported.
“Army [is] completely secular in approach,” Bar and Bench quoted the Supreme Court as saying. “You may do well elsewhere.. any constitutional provision with a grey area, we will look into it. You are guilty of violating ... [Army Rules]. You have hurt the feelings of the soldiers.”
Source: Scroll
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