SC upholds Christian Army officer’s sack for refusing to join ‘sarva dharma’ rituals

Terming it “the grossest kind of indiscipline”, the Supreme Court on Tuesday upheld the dismissal of a Christian Army officer for his refusal to participate in a regimental “sarva dharma” rituals 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 that the place also had a gurdwara and a temple. “What kind of message has he 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 the sarva dharma ritual even after being counselled by a pastor.

“Leaders have to lead by example. You are insulting your troops…If this is the attitude of an Army officer, then what to say,” the CJI said. Lt Kamalesan, who joined the Army in 2017 and served in the 3rd Cavalry Regiment, had sought an exemption from entering the sanctum sanctorum of the gurdwara/temple to perform a religious ritual, contending that it went against his Protestant Christian belief.

He was dismissed from service in 2021 on the grounds 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 said, referring to Article 25. “Article 25 protects essential religious features, not every sentiment.... Where in the Christian faith is entering a temple barred,” the Bench asked.

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. “Is this sort of cantankerous conduct permissible in a disciplined force,” the CJI asked, as he wondered how a troop leader would refuse to accompany his soldiers into a place they considered sacred.