A petition filed by an Indian Army officer challenging his dismissal from service over refusal to participate in weekly religious parades was rejected by the Supreme Court on Tuesday, with the bench strongly criticising his conduct and stating that such behaviour was unacceptable in a disciplined force. The case was heard by Chief Justice of India Surya Kant and Justice Joymalya Bagchi.

Representing the petitioner, Lieutenant Samuel Kamalesan, senior advocate Gopal Sankaranarayanan told the court that his client had earlier taken part in ceremonies at locations where “sarva dharma sthals” existed, and that action was taken against him only after he declined to enter the inner sanctum of a temple. He said the officer refrained from entering the sanctum as it would go against his Christian faith, Live Law reported.

“Is this sort of cantankerous conduct permissible in a disciplined force?” CJI Kant asked during the hearing.

Sankaranarayanan submitted that at the petitioner’s posting there was no multi-faith arrangement and only a temple and a gurudwara existed.

“He is not a cantankerous man. He is a disciplined man in all other respects,” he added.

The bench remained unconvinced.

“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 Kant remarked.

Arguing that his client retained his constitutional guarantees despite being in uniform, Sankaranarayanan 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 of superior’s command. They quote S.41. Entry has never been a problem, conducting the ceremony can’t be forced on me. Just see the law under which I am terminated. Once this Commandant moved, my ACR went back to being okay.”

“I cannot be forced to worship a deity. Constitution permits that much freedom,” he argued.

Justice Bagchi referred to a pastor’s opinion and clarified the constitutional position.

“Article 25 is protection for essential religious features, not every religious sentiment…you have to respect the collective faith of the majority that you are commanding…where in Christian faith is entering the temple or another religious place is barred?”
Sankaranarayanan responded, “The first commandment- thou shall not worship another god.”

The bench, however, stressed that conduct within the armed forces must strengthen morale and discipline.

“Leaders have to lead by example. You are insulting your troops,” CJI Kant said.

“When a pastor counselled you, you leave it at that. You can’t have your private understanding of what your religion permits. That too in uniform,” Justice Bagchi added.

“You may be outstanding in 100 things but…Indian army is known for its secular approach. When you cannot maintain discipline there…You have failed to respect the sentiments of your own soldiers,” CJI Kant observed.

As the bench moved to dictate the order, Sankaranarayanan said, “This will send a wrong message.”

“This will send a strong message,” CJI Kant replied, dismissing the petition.