Seeking to dispel the notion the officer was “cantankerous”, Sankaranarayanan claimed there was just one infraction, and only the commandant had a dilemma with it, not another troops. He claimed Kamalesan had no issue entering the Sarva Dharma Sthal.
Bench states officer a 'misfit to the Indian Army' and someone who allowed his 'religious Moi' to override discipline, unity and regard for his fellow soldiers
We know that may be a sentiment of one's knowledge of your Christian religion. But that's not the essential functions as appraised either with the pastor or other customers of your respective faith.”
Justice Bhagchi then stated: “You must respect collective faith. Even a pastor counselled you You will need to direct by instance you happen to be insulting the faith of your regiment. Yes you've personally interpreted your religion as not permitting to go inside the place... But it's not A necessary element if we go via the pastor or other Christian soldiers.
The Army officer’s attorney senior Advocate Gopal Sankaranarayanan argued that while his troops took no offence to his actions, dilemma arose in June 2017 once the then Commandant in the Regiment directed Kamalesan to enter the inner sanctum and take part in the puja.
"He was standing outdoors the sanctum. He told them he would do the rest they requested outside but moving into the sanctum was in opposition to his faith," the advocate reported, retaining that only one top-quality officer had objected.
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Sankaranarayanan argued that the Army experienced dismissed him for a single infraction and which the officer experienced demonstrated respect for other religions by participating in festivals including Holi and Diwali.
“But then also he has his own own interpretation. Should the pastor, The pinnacle of your respective faith, states it doesn't affect the essential options within your faith, will the personal idea of the believer be one of a kind, or will the pastor’s watch override?”
CJI Kant then said : “According to documents it’s a sarv dharma sthal ..by refusing to enter have you been not hurting religious sentiments of one's soldiers which is all religion… you led a battle unit in the Armoured Corps using a composition of Rajput, Sikh, and Jat troops..you should have led by case in point”.
Kamalesan stated he was a Protestant Christian adhering to your monotheistic religion that prohibits idol worship, claimed that the regiment taken care of merely a Mandir in addition to a Gurudwara, without any ‘Sarv Dharm Sthal’ (an area of worship for all faiths) or church on the premises.
The Supreme Court's final decision sent across a concept that religious belief or independence doesn't stand on a higher pedestal than military discipline and device cohesion. (File Photograph)
Sankaranarayanan mentioned, on the other hand, there was no Sarva Dharma Sthal exactly where he was posted in Punjab, but merely a gurdwara along with 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.
Sankaranarayanan argued which the Constitution safeguards both equally the correct to practise just one’s faith and the correct to refrain from taking part in other religious tactics. He maintained that the officer had entered spots of worship but experienced objected only when requested to accomplish rituals.