Looking for to dispel the Idea which the officer was “cantankerous”, Sankaranarayanan mentioned there was only one infraction, and only the commandant had a problem with it, not the other troops. He claimed Kamalesan experienced no issue coming into the Sarva Dharma Sthal.
Bench states officer a 'misfit for the Indian Army' and someone that permitted his 'religious ego' to override discipline, unity and respect for his fellow soldiers
We realize that may be a sentiment of the comprehension of your Christian religion. But that isn't the necessary options as appraised possibly via the pastor or other users within your religion.”
The court emphasised that troopers are not able to position own religious interpretations above the collective ethos of the armed forces.
The Army officer’s law firm senior Advocate Gopal Sankaranarayanan argued that nevertheless his troops took no offence to his steps, trouble arose in June 2017 if the then Commandant from the Regiment directed Kamalesan to enter the inner sanctum and take part in the puja.
“Breach of Posting 25 has to be viewed in the angle of crucial options of the religion, not each and every sentiment of a religion… We really need to surely admit and regard your necessary options but You need to regard the collective religion of nearly all of your command which you are commanding.”
" Justices labelled him an "absolute misfit," emphasizing the paramount importance of discipline during the Army. The soldier's attractiveness was rejected, confirming his termination for putting personalized beliefs over lawful instructions.
In the long run, the apex court mentioned that the petitioner's failure to get involved in religious activities undertaken by the complete regiment constitutes an insult to the opposite members on the troop whom he was supposed to be leading.
“But then also he has his have own interpretation. If the pastor, The pinnacle within your faith, states it doesn't affect the essential options within your faith, will the non-public comprehension of the believer be exceptional, or will the pastor’s check out override?”
The bench explained him for a "cantankerous male" in addition to a "misfit", upholding the Army’s decision to eliminate him for failing to regard the faith of his Sikh colleagues.
He experienced managed that he was a Protestant Christian adhering to the monotheistic religion that prohibits idol worship and he defence news india can not be compelled to enter sanctum sanctorum of the temple and accomplish rituals like puja havan
The Supreme Court's determination sent throughout a information that religious perception or freedom doesn't stand on the next pedestal than military discipline and unit cohesion. (File photo)
Sankaranarayanan said, nevertheless, there was no Sarva Dharma Sthal where he was posted in Punjab, but merely a gurdwara along with a temple, as well as officer refused only when requested to enter the sanctum sanctorum and carry out rituals, as it might go in opposition to his Christian monotheistic beliefs.
During the Listening to in Significant Court, the officer had contended the regiment has only managed a temple and Gurudwara.