Supreme Court dismisses plea of ex-army officer sacked for refusing temple entry during regimental ritual

New Delhi: The Supreme Court on Tuesday dismissed the petition filed by a former Army officer belonging to the Christian faith, who had challenged his dismissal from service after he refused to enter a temple sanctum during a regimental religious event.

A Bench of Chief Justice Surya Kant and Justice Joymalya Bagchi expressed strong displeasure, calling the conduct “gross indiscipline of the highest order”.

The CJI questioned the intent behind the officer’s refusal, observing, “What message were you trying to send? This is precisely why he had to be removed. This is an act of serious indiscipline from an Army officer.”

The Bench said regimental leaders were expected to set examples, not create friction within the unit. “A leader must build a good tradition. You insulted your own team of soldiers. Whatever your priest tells you stays with you. You seem unaware of what your own religion tells you, more so when you wear the uniform,” the CJI remarked.

Argument by the petitioner:

Senior advocate Gopal Sankaranarayanan, appearing for petitioner Kamalesan, argued that the officer had been dismissed merely because he refused to enter the sanctum sanctorum of a temple located within the area of his posting.

He said the officer believed that his Christian faith prohibited entry into a Hindu temple’s holy chamber. “Otherwise, he always participated respectfully in all inter-faith events and regimental activities,” counsel submitted.

The Bench, however, remained unconvinced. “What was the need for such obstinacy in a disciplined force? How could he refuse to enter a place revered by his own men?” the court asked.

CJI Surya Kant added that Sikh soldiers manage gurdwaras in several regiments, yet such actions are never intended to disrespect other faiths. The officer’s conduct, the court said, did not appear to stem from religious prohibition.

Justice Bagchi noted, “Article 25 protects essential religious practices, not personal sentiments. Is entry into a Hindu temple barred under Christianity?”

Court emphasizes secular ethos of the Army:

The Bench stressed that the Indian Army stands on principles of secularism and mutual respect. “You may have excelled in many areas of duty, but you cannot forget that the Army believes in a secular ethos. You failed to respect the sentiments of your own soldiers,” the CJI said.

Background of the case:

Kamalesan joined the 3rd Cavalry Regiment in 2017 and was appointed head of the ‘B’ Squadron, which consisted largely of Sikh soldiers. The regiment maintained both a temple and a gurdwara.

According to Kamalesan, he regularly accompanied his men to these centres every week but avoided entering the sanctum during aarti or puja due to his faith.

The Army said it held multiple counselling sessions with him, explaining the importance of the practice to regimental cohesion. His continued refusal, it said, hampered the unit’s ability to function as a collective force, leading to the decision to dismiss him.

The Supreme Court upheld the Army’s action, terming it appropriate and necessary to maintain discipline and unity within the force.

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