The Supreme Court on Tuesday upheld the dismissal of a Christian army officer who refused to enter the sanctum sanctorum of a temple, observing that the army as an institution is secular, and its discipline cannot be compromised.
"You have hurt the feelings of your soldiers," the top court remarked, criticising the officer, Samuel Kamalesan, for gross indiscipline and calling him a "complete misfit for the army," reported LiveLaw.
A bench comprising Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi refused to interfere with the Delhi high court order, which had affirmed the termination of Lieutenant Samuel Kamalesan without pension or gratuity.
Senior Advocate Gopal Sankaranarayanan, appearing for the petitioner, told the bench that his client was dismissed only for one infraction, which was his refusal to enter the innermost sanctum sanctorum of a temple at the place of his posting.
He added that the petitioner used to participate in places where there were "sarva dharma sthals (a common place of worship for all faiths)."
"Is this kind of cantankerous person acceptable in a disciplined force? He is a member of India's most disciplined force. He does this?," the bench observed.
"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." LiveLaw quoted Chief Justice Kant as saying.
Lt. Kamalesan had been commissioned into the 3rd Cavalry Regiment in March 2017, and was appointed as the troop leader of Squadron B, which comprises largely Sikh personnel.
According to the officer, his regiment did not maintain a “sarv dharm sthal”, but only a mandir and a gurudwara, and no church.
He maintained that although he accompanied his men to these places of worship during parades, he did not enter the sanctum where rituals such as puja, aarti or havan were performed, citing his monotheistic Christian faith.
The Supreme Court ruled that his conduct amounted to disobedience of a lawful command.
The top court, while rejecting the officer's argument that he did not refuse to enter the sarva dharma sthal but only refused to perform rituals, asked the counsel representing the officer if his action didn't insult his own soldiers.
"His own ego is so high that he won't go with his soldiers. Everybody has the right to practice 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 bench also noted that the officer in question was told by a pastor that there is no breach of faith if he entered the temple, but he still refused to enter the sanctum sanctorum of the temple.
"He doesn't even follow the advice of his own pastor who says you can enter the sarva dharma sthala," the bench noted while rejecting the officer's appeal.