SC backs sacking of Lt for shunning his troops' rituals

NEW DELHI: Supreme Court on Tuesday severely criticised a Christian lieutenant for putting his own understanding of his faith over and above the religious sentiments of soldiers he was leading, and endorsed the Army brass's decision to sack him.

"I have participated in all religious celebrations like Holi, Diwali and Lori. But I cannot be forced to offer flowers or hold 'thali' inside a gurdwara as that is a religious ritual which my religion does not permit me to perform. My religion does not permit me to worship another god," said Lt Samuel Kamalesan, who had been commanding a troop of cavalrymen comprising Sikhs, Rajputs and Jats.




The bench of CJI Surya Kant and Justice Joymalya Bagchi said one cannot claim breach of fundamental right to religion just because one's sentiments get violated. "You must respect the faith of majority of the troops under your command... He may be an outstanding officer, but unfit to be in the secular and highly disciplined Army," it said.

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Appearing for Lt Samuel Kamalesan, senior advocate G Sankaranarayanan challenged the validity of the sacking order on the ground that it violated his fundamental right to practise and profess a particular religion guaranteed under Article 25 of the Constitution.

The bench, after perusing records, said to dispel his dogmatic views, Army authorities had taken the lieutenant to a renowned pastor in Chandigarh who advised him that going inside the sanctum sanctorum of a 'sarv dharma sthal' would not violate his religious rights.

"Despite that you remained obstinate and refused to go into the gurdwara where your troops were praying. This demonstrates your mindset and your religious ego. You do not follow the advice of the pastor. You admit that your fellow Christian officers in the Army told you to be part of the religious rituals of the troops. But you stuck to your own interpretation and understanding of Christianity and refused to offer flowers at gurdwara," the bench said. "You cannot bring in your own private understanding of religion to hurt the sentiments of your troops."

Sankaranarayanan said there was no 'sarv dharma sthal' where he was posted, only a gurudwara and a temple.

As the bench said the lieutenant was unfit to be in the secular Army, the counsel replied, "It is not a secular Army as it has caste-based regiments".

The bench said it will not get into a debate on the Army. "The lieutenant is guilty of not respecting the sentiments of his troops and defying the orders of the superiors," it said.

When the counsel said it will send a wrong signal, the bench said, "Let us send a correct and strong signal." It dismissed the officer's appeal without calling upon additional solicitor general Aishwarya Bhati to respond to the petition.

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