In a strong reaffirmation of the primacy of discipline and unit cohesion in the Armed Forces, the Supreme Court on Monday dismissed a petition filed by Lieutenant Samuel Kamalesan, a Christian Army officer who challenged his termination for refusing to participate in regimental religious parades.
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi refused to interfere with the Delhi High Court’s verdict that upheld his dismissal, making it clear that individual religious rigidity cannot override the collective discipline required in a fighting force.
Senior Advocate Gopal Sankaranarayanan, appearing for Kamalesan, argued that his client was punished for a single act of refusing to enter the sanctum sanctorum of a temple during a regimental parade. He claimed the officer was otherwise compliant and participated in multi-faith spaces but refrained from entering the innermost part of the temple because of his monotheistic Christian beliefs.
The bench, however, took a stern view of the conduct. “Is this kind of cantankerous behaviour permissible in a disciplined force?” CJI Surya Kant remarked. He went further, observing that such conduct could amount to “gross indiscipline” and even suggested that the officer could have been dismissed for this act alone.
“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.” Chief Justice Kant noted.
Justice Bagchi highlighted a crucial aspect of the case, a local Christian pastor had opined that merely entering a place of worship of another faith would not violate Christian tenets. Referring to this, Justice Bagchi underscored that Article 25 of the Constitution protects only essential religious practices, not personal interpretations of faith.
The petitioner’s counsel argued that Kamalesan was being forced to conduct Hindu rituals, which would violate his faith. But the bench noted that there was no obligation to perform any rituals, only to participate in the parade as a troop leader. “Leaders have to lead by example. You are insulting your troops,” CJI Kant told the petitioner’s side.
Background revealed that Kamalesan served in the 3rd Cavalry Regiment, which consists of Sikh, Jat and Rajput squadrons. Despite repeated counselling by senior officers, he allegedly placed his personal religious interpretation above lawful commands, ultimately affecting troop morale and cohesion.
Rejecting even the plea for a reduced punishment, the Supreme Court sent a clear message: in the Indian Army, secularism is not practiced by withdrawal from others’ faiths, but by respectful participation and collective unity. “This will send a strong message,” the Chief Justice concluded, dismissing the petition.
