The Supreme Court on Tuesday upheld the dismissal of a Christian Army officer who refused to enter the sanctum sanctorum of a temple, holding that the Army as an institution is secular and its discipline cannot be compromised under any circumstances. “You have hurt the feelings of your soldiers,” the bench remarked while strongly criticising the officer, Lt Col Samuel Kamalesan, for gross indiscipline and describing him as “a complete misfit for the Army”.
Lt Col Kamalesan, who was posted with a Sikh squadron, had challenged the disciplinary proceedings taken against him, contending that being forced to enter the sanctum sanctorum of the temple infringed his right to religious freedom. The Supreme Court, however, ruled that his refusal constituted clear disobedience of a lawful command.
A bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi dismissed the special leave petition and upheld the Delhi High Court judgement that had confirmed the termination of Lt Col Samuel Kamalesan from service.
“What kind of message he has been sending… he should have been thrown out for this only… grossest kind of indiscipline by an army official,” CJI Surya Kant observed while declining to interfere with the High Court’s order.
Appearing for the officer, Senior Advocate Gopal Sankaranarayanan submitted that most regimental headquarters have a Sarva Dharma Sthal for all faiths, but the regimental centre at Mamun in Punjab has only a temple and a gurdwara.
“In this particular regimental centre, there is only a temple or gurdwara. He (the officer) refused to enter the temple, saying, 'Entering the sanctum sanctorum is against my faith.' I will offer flowers from outside but won’t enter. Nobody else had a problem, but one single superior officer initiated disciplinary action,” Sankaranarayanan argued.
The bench responded sharply: “Is this kind of cantankerous person acceptable in a disciplined force? He is a member of India’s most disciplined force. He does this?” It added, “This exhibits the grossest kind of indiscipline by an army officer.”
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Dismissing the officer’s plea that he had not refused entry into a Sarva Dharma Sthala and had only declined to perform rituals inside the temple, the bench asked the officer’s counsel whether such conduct did not amount to insulting his own troops.
“Is he not insulting his own soldiers? His own ego is so high that he won’t go with his soldiers. Everybody has the right to practise their faith. If someone asks you to perform religious rituals, it is a different thing, and you say no. But how can you refuse to enter?” the bench observed.
The court further noted that Lt Col Kamalesan had consulted a pastor who advised him that merely entering the temple would not amount to a breach of his Christian faith, yet the officer still refused to enter the sanctum sanctorum.
“He doesn’t even follow the advice of his own pastor, who says you can enter the Sarva Dharma Sthala,” the bench pointed out while rejecting the officer’s appeal and confirming his termination from service.
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