SC rejects officer’s appeal against dismissal

Describing the act as the “grossest kind of indiscipline”, the Supreme Court (SC) on Tuesday dismissed a former Christian officer’s plea challenging his termination from the armed forces, after he allegedly refused to participate in regimental religious activities at the sanctum sanctorum of a temple at a place of his posting.

A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi refused to interfere with a Delhi High Court decision that had upheld the Army’s action, saying Samuel Kamalesan’s conduct was incompatible with military discipline.

“What kind of message has he been sending? He should have been thrown out for this only. This is the grossest kind of indiscipline by an Army official,” the CJI said.

“Leaders have to lead by example. You are insulting your troops,” the bench said, adding, “When a pastor counsels you, you leave it at that. You cannot have your private understanding of what your religion permits. That too in uniform.”

Appearing in the court for Kamalesan, senior advocate Gopal Sankaranarayanan said his client was dismissed from service for a single act of refusal to enter the innermost sanctum of a temple at the place of his posting, saying it violated his Christian faith.

He maintained that the officer had otherwise participated respectfully in all multi-faith spaces and regimental events.

“Is this sort of cantankerous conduct permissible in a disciplined force?” the CJI asked, adding as to how a troop leader would refuse to accompany his soldiers into a place, they considered sacred. The bench also noted that the regiment also maintained a gurdwara, given the presence of Sikh soldiers.

“A gurdwara is one of the most secular places.... The manner in which he is behaving, is he not insulting other religions?” the CJI asked.

The senior lawyer said the appellant’s fundamental right to practise a religion under Article 25 of the Constitution cannot be taken away just because he has donned the uniform.

“Article 25 protects essential religious features, not every sentiment.... Where in the Christian faith is entering a temple barred?” Justice Bagchi asked.

The bench pointed out that the officer had ignored even the advice of a local pastor, who reportedly said entering a “sarva dharma sthal” would not violate the Christian faith.

“You may be outstanding in 100 things, but the Indian Army is known for its secular approach.... You have failed to respect the sentiments of your own soldiers,” the CJI said, in response to the submission that the penalty of dismissal from service may be done away with.

When the appellant’s counsel said not issuing a notice would be a wrong message for the society, the bench said, “This will send a strong message.”

Commissioned in 2017 into the 3rd Cavalry Regiment, Kamalesan was posted as the troop leader of the ‘B’ Squadron, comprising Sikh personnel.

The regiment maintained a temple and a gurdwara, but not a “sarva dharma sthal” or a church.

Kamalesan had claimed that he had accompanied troops to both places for weekly religious parades but refrained from entering the sanctum during “aarti, havan or puja”, citing religious conscience. The Army had said the officer repeatedly refused to attend mandatory regimental parades and senior officers made “multiple attempts” to counsel him on the importance of regimentation. However, he refused and this weakened unit cohesion, a critical requirement for operational effectiveness, the Army had said.

The Army was satisfied that Kamalesan’s further retention was “undesirable” and his dismissal was upheld by the High Court.

It was held that regimental religious spaces, though rooted in history, serve a secular, unifying purpose, not a denominational one.