New Delhi: The Supreme Court on Tuesday (November 25) dismissed a petition filed by a Christian officer who was terminated from the Indian Armed Forces over his refusal to participate in the weekly religious parades of his regiment.

Representing the petitioner, Lieutenant Samuel Kamalesan senior advocate Gopal Sankaranarayanan told the bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi that the petitioner used to participate in places where there were “sarva dharma sthals” and was dismissed only when he refused to enter the innermost sanctum sanctorum of the temple, reported LiveLaw.

While hearing the case, CJI Kant came down heavily on the petitioner.

“Is this sort of cantankerous conduct permissible in a disciplined force?" CJI Kant asked.

In response, Sankaranarayanan said at the place where the petitioner was posted, there was no "Sarva Dharma Sthal" and instead there was only a gurudwara and a temple.

Sankaranarayanan stated that that the petitioner stood outside the temple, and refrained from entering the sanctum sanctorium because he was a follower of a monotheistic faith, the act would be against his Christian faith.

"He is not a cantankerous man. He is a disciplined man in all other respects," said Sankaranarayanan.

"What kind of message he has been sending...he should have been thrown out for this only...grossest kind of indiscipline by an army official," said CJI Kant.

Sankaranarayanan submitted that just because a person joined the armed forces, he does not lose his fundamental right to religion guaranteed under Article 25 of the Constitution.

"His commandant forced him. He insisted. This one man repeatedly insists that I must. I said I will not enter only when that kind of religious ceremony takes place. The impugned judgment is on disobeying of superior's command. They quote S.41. Entry has never been a problem, conducting the ceremony can't be forced on me. Just see the law under which I am terminated. Once this Commandant moved, my ACR went back to being okay," Sankaranarayanan later added.

"I cannot be forced to worship a deity. Constitution permits that much freedom," Sankaranarayanan submitted.

Justice Bagchi cited the opinion of a pastor to say that Article 25 is not for the protection of every religious sentiment but for essential religious features.

"Article 25 is protection for essential religious features, not every religious sentiment...you have to respect the collective faith of the majority that you are commanding...where in Christian faith is entering the temple or another religious place is barred?” said Justice Bagchi, to which Sankaranarayanan replied, “The first commandment- thou shall not worship another god.”

"Leaders have to lead by example. You are insulting your troops," said CJI Kant said.

"When a pastor counselled you, you leave it at that. You can't have your private understanding of what your religion permits. That too in uniform," added Justice Bagchi.

“You may be outstanding in 100 things but...Indian army is known for its secular approach. When you cannot maintain discipline there...You have failed to respect the sentiments of your own soldiers," said CJI Kant.

As the bench was about to dictate the order for the dismissal of the petition, Sankaranarayanan said that “this will send a wrong message.”

"This will send a strong message," said CJI Kant, before dismissing the matter.

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