Justice Bagchi identified which the officer had, in his reply, admitted that other Christian officers said “make sure you get it done, there is absolutely no issue”. “But your interpretation of your religious rights is ‘I'm not likely to provide flowers or havan inside a gurudwara’.
Bench states officer a 'misfit to the Indian Army' and somebody who authorized his 'religious Moi' to override discipline, unity and respect for his fellow troopers
Sankaranarayanan stated, “I only stated don’t make me enter the mandir and gurudwara to accomplish ceremonies.” Justice Bagchi requested, “In which within the Christian religion does entering the temple or a religious establishment of One more religion barred?”
CJI Kant informed Kamlesan’s law firm Gopal Sankaranarayanan: “If someone asks you to definitely conduct rituals then it is okay.. but no ritual in Gurudwara.Gurudwara is often a most secular area. Individuals of all faith go to gurudwara..therefore you didn't even listen to the counselling to this effect by your pastor.
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“We've got heard the counsel with the petitioner at significant length. We see no motive to interfere Together with the impugned judgment from the Superior Court buy. The SLP is dismissed,” the bench added.
The bench included that his own interpretation could not supersede discipline, "Your idea of your religious legal rights are unable to override almost everything else. Wherever within website your religion does getting into a spot of worship interfere along with your faith?"
Even so, Justice Kant named it the “grossest kind of indiscipline by an Army officer.” Justice Bagchi identified that Kamalesan was counselled by a pastor who stated there was no problem coming into the sanctum sanctorum.
Right after a number of rounds of counselling and opportunities to conform, the Army concluded that his ongoing support was unwanted and dismissed him less than Portion 19 of the Army Act.
The bench described him as being a "cantankerous man" plus a "misfit", upholding the Army’s selection to eliminate him for failing to respect the religion of his Sikh colleagues.
In 2021, he was dismissed for continuously refusing to enter the sarva dharma sthal, Inspite of Directions from his commanding officer and reassurance from a pastor that doing so would not violate his faith. The framework contained a gurdwara along with a temple.
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Sankaranarayanan claimed, nonetheless, there was no Sarva Dharma Sthal where he was posted in Punjab, but merely a gurdwara and a temple, plus the officer refused only when asked to enter the sanctum sanctorum and complete rituals, as it could go against his Christian monotheistic beliefs.
Noting which the officer’s carry out amounted to “gross indiscipline” SC upheld HC’s remarks that military discipline, regimental cohesion usually takes priority in excess of one particular’s religion