Justice Bagchi identified which the officer experienced, in his reply, admitted that other Christian officers said “remember to do it, there is no problems”. “But your interpretation of the religious rights is ‘I am not going to offer flowers or havan inside a gurudwara’.
Noting that he commanded Sikh, Jat and Rajput troopers, the court mentioned his conduct insulted the sentiments of his possess Males. "You're a troop leader and also your troop comprises Sikh troopers. They can be inside a gurdwara, which is how he conducts himself? The tone and tenor of his refusal are insulting."
The judgement noted that personal religious beliefs may very well be minimal below Article 33 with the Constitution when needed to preserve the operating and discipline from the armed forces. SC Bench also echoed these pretty facets.
Advocate Sankaranarayanan managed: “The commandant could not have pressured me to perform puja, ceremonies..its an issue of Ideal to Religion it is a constitutional issue..this court will have to at the least issue a notice”.
Although he attended religious parades, stood respectfully while in the courtyard, and taken care of solidarity along with his troops, he refrained from entering the sanctum or engaging in rituals like puja and aarti, citing his religious beliefs.
"He might be an outstanding officer, but he is a misfit for that Indian Army. The tasks our forces shoulder presently… this is simply not the behaviour we are able to entertain."
"You might keep personalized beliefs, but this wasn't A necessary element of the faith, as suggested by your pastor. Critical capabilities have to be highly more info regarded, and Also it's essential to respect the collective faith of your men like a troop officer," the court mentioned.
The Supreme Court on Tuesday (November 25) strongly criticised a Christian officer on the Indian Army who experienced refused to enter the sanctum sanctorum of his regiment’s sarva dharma sthal (a location of worship for all faiths), dismissing his petition difficult his dismissal from provider.
“But then also he has his individual personalized interpretation. In case the pastor, The top of one's religion, claims it does not affect the critical capabilities of the faith, will the private understanding of the believer be one of a kind, or will the pastor’s watch override?”
CJI Kant then mentioned : “As per records it’s a sarv dharma sthal ..by refusing to enter are you currently not hurting religious sentiments of your troopers which happens to be all faith… you led a fight device of your Armoured Corps that has a composition of Rajput, Sikh, and Jat troops..you need to have led by example”.
Kamalesan explained he was a Protestant Christian adhering to a monotheistic faith that prohibits idol worship, claimed the regiment managed only a Mandir plus a Gurudwara, without having ‘Sarv Dharm Sthal’ (a place of worship for all faiths) or church about the premises.
Lt Kamalesan joined the Indian Army in 2017 and was assigned to Sikh squadron. However, his tenure was marred by numerous disiplinary steps for refusing to enter the inner sanctum of religious structures during required regimental parades.
Adv Sankarnarayanan countered: “I can not Have got a say in faith. Pastor informed him concerning the Sarvdharm sthal. But no you can concern my religion.
Noting which the officer’s conduct amounted to “gross indiscipline” SC upheld HC’s remarks that military discipline, regimental cohesion can take precedence about a single’s faith