SC upholds dismissal of Christian Army officer for refusing to join regiment's religious rituals

Terming it as “the grossest kind of indiscipline”, the Supreme Court on Tuesday upheld the dismissal of Christian Army officer for his refusal to participate in regimental ‘sarva dharma’ ritual in a Cantonment area in Punjab.

Lt. Samuel Kamalesan – who was commanding Sikh, Jat and Rajput jawans -- had allegedly refused to enter the 'sarva dharma sthal', saying there was also a gurdwara and a temple there.

“What kind of message he has been sending...he should have been thrown out for this only...the grossest kind of indiscipline by an Army official,” a Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi said, dismissing his plea.

The Bench noted that he had refused to take part in ‘sarva dharma’ ritual even after being counselled by a Pastor.

“If this is the attitude of an Army officer, then what to say!” the CJI said.

Lt. Kamalesan – who joined the Indian Army in 2017 and served in the 3rd Cavalry Regiment, had sought an exemption from entering the sanctum sanctorum of gurdwara/temple to perform religious ritual, contending it went against his Protestant Christian belief.

He was dismissed from service in 2021 on the ground that his refusal undermined unit cohesion and troop morale. The Delhi High Court on May 30 this year upheld his dismissal.

On behalf of the petitioner officer, senior counsel Gopal Sankaranarayanan submitted that he was ready to enter the sanctum sanctorum, but no rituals should be forced upon him.

“I can’t be forced to worship a deity. The Constitution permits that much freedom,” he submitted.

Contending that the issue was created by only one superior officer, the senior counsel said, “His Commandant forced him… he insisted. This one man repeatedly insists that I must... I said I will not enter only when that kind of religious ceremony takes place. The impugned judgment is on disobeying the superior's command… conducting the (religious) ceremony can't be forced on me.”

However, the Bench wasn’t convinced. “Gurdwara is one of the most secular places. The manner in which he is behaving, is he not insulting the other religions? Religious ego is so high that he does not care about others…,” the Bench said.