The Supreme Court on Tuesday refused to intervene in the dismissal of former Army officer Samuel Kamalesan, who was removed from service after allegedly declining to participate in regimental religious activities inside the sanctum sanctorum of a temple at his place of posting. The bench described his conduct as completely incompatible with military discipline.
A bench led by Chief Justice Surya Kant, with Justice Joymalya Bagchi, affirmed the Delhi High Court’s decision upholding the Army’s action. The court made it clear that Kamalesan’s behaviour did not align with the standards expected of a troop leader.
“This is the grossest kind of indiscipline by an Army official,” the Chief Justice said. “What kind of message has he been sending? He should have been thrown out for this only.”
The bench stressed that leadership within the armed forces requires setting an example for subordinates. The CJI remarked, “Leaders have to lead by example. You are insulting your troops… You cannot have your private understanding of what your religion permits. That too in uniform.”
Senior advocate Gopal Sankaranarayanan, appearing for Kamalesan, submitted that the officer was dismissed solely because he refused to enter the innermost sanctum of a temple during rituals, stating that this violated his Christian faith. He maintained that Kamalesan had otherwise participated respectfully in all multi-faith and regimental events.
He asserted that the punishment was disproportionate and that “his fundamental right to practise his religion under Article 25 cannot be taken away just because he has donned the uniform.”
The judges rejected the plea, questioning the officer’s approach and highlighting the impact on troop morale and cohesion.
“Is this sort of cantankerous conduct permissible in a disciplined force?” the Chief Justice asked, adding that a troop leader refusing to accompany his unit into a space they considered sacred would undermine his position and the team’s unity.
The bench noted that the regiment, which had Sikh personnel, also maintained a gurdwara. “A gurdwara is one of the most secular places. The manner in which he is behaving, is he not insulting other religions?” the CJI said.
Justice Bagchi further asked, “Where in the Christian faith is entering a temple barred?” The court also pointed out that even a pastor had reportedly advised Kamalesan that entering a “sarva dharma sthal” would not violate his faith, but the officer continued to refuse.
Kamalesan was commissioned in 2017 into the 3rd Cavalry Regiment and served as troop leader of the ‘B’ Squadron, comprising Sikh soldiers. According to the Army, he repeatedly refused to attend mandatory regimental religious parades and senior officers made “multiple attempts” to counsel him on the importance of regimentation and unit cohesion.
The Army concluded that his retention had become “undesirable”, citing a weakening of team cohesion—considered vital for operational effectiveness. The Delhi High Court had previously upheld the dismissal, observing that regimental religious spaces exist to serve a unifying and secular purpose rather than a denominational one.
When the officer’s counsel argued that setting aside the dismissal would avoid sending a wrong message to society, the bench responded, “This will send a strong message.”
The Supreme Court’s dismissal now closes the legal challenge to Kamalesan’s termination, reinforcing the principle that individual religious interpretations cannot supersede military discipline and collective regimental responsibility.
