New Delhi: The Delhi High Court, on Friday, refused to entertain a plea by a former Army officer who was dismissed from service for refusing to participate fully in weekly regimental Mandir and Gurudwara ‘parades’ on the grounds that it went against his Christian faith. Samuel Kamalesan has moved the court against this dismissal.
Lieutenant Kamalesan joined the 3rd Cavalry Regiment in 2017. This Armoured Regiment comprises three Squadrons of Sikh, Jat and Rajput troops. Kamalesan was made the troop leader of ‘B’ Squadron which has Sikh troops.
While Kamalesan would accompany his troops to the Mandir and Gurudwara, he refused to enter the Sanctum Sanctorum or participate in actual rituals. He was counselled multiple times by his superiors about the importance of regimentation but he maintained his stand after which he was terminated.
Hearing Kamalesan’s petition, the bench of Justice Navin Chawla and Justice Shalinder Kaur upheld his termination and observed, “uniformity among personnel, not only in their appearance but also in showing their respect for the religion of all, is quintessential to a cohesive, disciplined, and coordinated functioning of an Armed Force.”
The petitioner sought reinstatement in services and submitted in court that his troop maintained only a Mandir and a Gurudwara and not a ‘Sarv Dharm Sthal’ which would serve persons of all faiths. He also claimed that there was no church in the premises. He admitted that he accompanied his troops to the Mandir or Gurudwara for weekly religious parades but sought exemption from entering the innermost part of the Mandir where puja, havan or aarti took place.
The High Court noted that the officer was resolute in not attending the ceremonial puja and stood outside the premises due to his personal belief which is admitted by him.
“The commanding officers are to lead by example and not by division; and by placing the cohesion of the Unit above individual religious preferences, particularly when commanding troops who they will lead in combat situations and war, ” the Court said in its judgment.
After considering the submissions of both sides, the High Court stated that the present case does not involve a question of religious freedom but of obeying the lawful command of a superior.
“It is not disputed by the petitioner that his superiors have been calling upon him to attend the religious parades by even entering the sanctum sanctorum and perform the rituals if this would help in boosting the morale of the troops,” the court noted.
“While, to a civilian, this may appear a bit harsh and may even sound far fetched, however, the standard of discipline required for the Armed Forces is different. The motivation that is to be instilled in the troops may necessitate actions beyond ordinary civilian standards,” the court explained.
The High Court dismissed Kamalesan’s petition citing that his conduct amounted to indiscipline as he placed his religion above a lawful command of his superior.
