Searching for to dispel the Idea which the officer was “cantankerous”, Sankaranarayanan explained there was just one infraction, and just the commandant had a difficulty with it, not another troops. He stated Kamalesan experienced no issue entering the Sarva Dharma Sthal.
Noting that he commanded Sikh, Jat and Rajput soldiers, the court reported his conduct insulted the sentiments of his individual men. "You are a troop leader and your troop comprises Sikh soldiers. They are really inside of a gurdwara, and this is how he conducts himself? The tone and tenor of his refusal are insulting."
Sankaranarayanan said the officer had even entered a temple, and taken part in all festivals. “Even now, I undertake to enter. Conducting ceremonies is something that can not be forced on me. The commandant consistently insisted which i should conduct ceremonies within the sanctum sanctorum”.
Advocate Sankaranarayanan maintained: “The commandant could not have pressured me to perform puja, ceremonies..its an issue of Proper to Faith this can be a constitutional issue..this court will have to no less than issue a notice”.
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"He read more might be An excellent officer, but he is a misfit to the Indian Army. The tasks our forces shoulder at the moment… this is not the conduct we could entertain."
"You could possibly hold personal beliefs, but this was not an essential element of one's faith, as suggested by your pastor. Critical characteristics has to be revered, and Similarly you should regard the collective faith of your Males being a troop officer," the court mentioned.
Ultimately, the apex court mentioned which the petitioner's failure to get involved in religious activities carried out by all the regiment constitutes an insult to the opposite customers in the troop whom he was designed to be top.
A bench of Justices Surya Kant and Joymalya Bagchi also remarked which the soldiers' behaviour reflected gross indiscipline, rendering them complete misfits to the army.
CJI Kant then stated : “According to information it’s a sarv dharma sthal ..by refusing to enter do you think you're not hurting religious sentiments of the soldiers which is all religion… you led a overcome unit in the Armoured Corps using a composition of Rajput, Sikh, and Jat troops..you should have led by example”.
He had maintained that he was a Protestant Christian adhering to a monotheistic faith that prohibits idol worship and he can't be pressured to enter sanctum sanctorum of a temple and perform rituals like puja havan
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. He said the commandant must have been agreeable to his willingness to stand Within the courtyard with the temple or gurudwara just outside the house the sanctum sanctorum and witness the rituals which he was anyhow carrying out. Kamalesan experienced approached SC after the Delhi Substantial Court had refused to quash his termination.
Sankaranarayanan argued which the Constitution safeguards equally the right to practise a single’s religion and the proper to chorus from participating in other religious procedures. He taken care of which the officer experienced entered destinations of worship but had objected only when asked to perform rituals.