Delhi High Court upholds termination of a Christian Army officer who refused to participate in his regiment’s Puja ceremony citing his faith

The Delhi High Court on 30th May upheld the termination of a Commanding Officer of in Indian Army who refused to take part in a regimental weekly Puja ceremony on the ground that it violated his Christian faith. Commanding Officer Samuel Kamalesan was counselled multiple times by his superiors about the importance of regimentation but he maintained his stand after which he was terminated.

Hearing the petition of the Commanding Officer, a bench of Justices Navin Chawla and 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 had challenged his termination order and his dismissal from the India Army without pension and gratuity. He sought reinstatement in service. Kamalesan, who was commissioned in the Army in 2027, submitted before the 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 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.

This is not a case of religious freedom but of disobeying of command: HC

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 dated 30th May.

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.

Standard of discipline required in Armed forces is beyond ordinary: HC

“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.

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