India's top court calls Christian officer a ‘misfit’, upholds his dismissal for refusing Gurdwara entry

New Delhi: The Supreme Court on Tuesday criticised a Christian Army officer fired for refusing to enter a gurdwara and labelled him a “cantankerous man” and a “misfit”, and backed the armed forces’ decision to eject him for failing to respect his fellow (Sikh) soldiers’ faith.

“What kind of message is he sending? Gross indiscipline by an Army officer. He should have been terminated. This kind of cantankerous persons deserves to be in the military?” a bench led by the new Chief Justice Surya Kant said.

“He may be an outstanding officer but he is a misfit for the Indian Army. The amount of responsibilities our forces have at this time... this is not what we want to entertain.”

Formerly a Lieutenant in the 3rd Cavalry Regiment, Samuel Kamalesan was sacked for defying military discipline; he refused a command from his superior officer to enter the gurudwara to conductreligious activities. He argued it would affect his Christian faith.

'Act of indiscipline'

In May the Delhi High Court re-affirmed the Army’s decision, which was that Kamalesan “kept his religion above a lawful command from his superior”, and ruled, “This is clearly an act of indiscipline.”

The court called Kamalesan’s act a violation of “essential military ethos”.

On Monday afternoon Kamalesan’s plea received similarly short shrift from the Supreme Court, with Justice Joymala Bagchi noting the ex-soldier had even defied his pastor’s advice.

“When your pastor counsels you... you leave it at that. You cannot have your private understanding of what your religion permits. That too, in uniform...” he declared.

Arguing for the sacked soldier, senior advocate Gopal Sankaranarayanan said, “They (i.e., the Army) dismissed him for a single infraction” and that Kamalesan did display respect towards other religions by taking part in festivals like Holi and Diwali.

Constitution

“This one place in Punjab did not have a sarv dharm sthal (i.e., a structure symbolising the unity of all religions, such as the one inside the Parliament building in Delhi). It had a gurdwara...”

“He is standing right outside the sanctorum. He told them, ‘Everything else you want me to do outside, I’ll do... but entering the sanctorum is against my faith...’,” Sankaranarayanan told the court, pointing out that only one person - Kamalesan’s superior officer - had a problem.

“Just see the termination order passed. He is not a cantankerous man.”

Sankaranarayanan also argued the Constitution, by conferring the right to practice his own religion, also gives him the right to not conduct or participate in other religious practices.

“By joining the Army, one does not lose one’s religious identity. I was entering the gurdwara, temple, everything... but I stopped when they asked me to do puja. That much the Constitution provides,” he said, reiterating, “I profess monotheistic faith...”

The petitioner-soldier, who is otherwise very disciplined and has a clean record since he joined service six years ago, only abstained from participating in religious activities that he thought violated his religious conscience, the senior lawyer submitted.

The Supreme Court, though, did not agree with that argument.

-- With inputs from ANI