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Earlier, Delhi High Court upheld the Army’s decision to terminate Kamalesan and said, the discipline takes precedence in such cases. The High Court referred to the article 33 and said, the religious beliefs may be limited.
Supreme Court
New Delhi: Supreme Court on Tuesday slammed a Christian Army Officer Lieutenant Samuel Kamalesan, to attend the religious pooja held at the Regiment’s Gurudwara citing his religious faith. The Top Court called him a “cantankerous man" and a "misfit".
Chief Justice Surya Kant said, "What kind of message is he sending? Gross indiscipline by an Army officer. He should have been terminated. This kind of cantankerous person deserves to be in the military?"
"He may be an outstanding officer but he is a misfit for the Indian Army. The amount of responsibilities our forces have at this time... this is not what we want to entertain," CJI said further.
Earlier, the Delhi High Court upheld the Army’s decision to terminate Kamalesan and said, the discipline takes precedence in such cases. The Delhi High Court referred to the article 33 of the constitution and said that the religious beliefs may be limited.
Former Lieutenant Samuel Kamalesan belonged to the 3rd Cavalry Regiment and had refused to obey a direct order to enter the sanctum sanctorum of a temple to perform a ‘pooja’. He had argued that doing so would go against his Christian belief in monotheism. The Delhi High Court, in its May ruling, had said he “kept his religion above a lawful command from his superior” and held that this was “clearly an act of indiscipline” and a violation of “essential military ethos”.
At the Supreme Court hearing, Justice Joymala Bagchi noted that Kamalesan had even gone against the advice of his own pastor. The judge said, “When your pastor counsels you... you leave it at that. You cannot have your private understanding of what your religion permits. That too, in uniform...”
Kamalesan’s lawyer, senior advocate Gopal Sankaranarayanan, argued that the Army had dismissed him “for a single infraction.” He said Kamalesan had always shown respect for other religions and had taken part in festivals like Holi and Diwali.
The lawyer also pointed out that the regiment did not have a sarv dharm sthal, a common prayer space, and only had a gurdwara. He said, “He is standing right outside the sanctorum. He told them, ‘Everything else you want me to do outside, I’ll do... but entering the sanctorum is against my faith...’”
He also argued that except for one superior officer, no one else had an issue. Referring to the Army’s order removing him from service, he said, “Just see the termination order passed. He is not a cantankerous man.”
Sankaranarayanan said the Constitution gives every person the right to practise their own religion as well as the right to not take part in other religious practices. He argued, “By joining the Army, one does not lose one’s religious identity. I was entering the gurdwara, temple, everything... but I stopped when they asked me to do puja. That much the Constitution provides.” He added again, “I profess monotheistic faith...”
However, the Supreme Court did not accept these arguments and continued to back the Army’s decision.
