Justice Bagchi pointed out which the officer had, in his reply, admitted that other Christian officers mentioned “be sure to get it done, there is absolutely no problems”. “But your interpretation of one's religious legal rights is ‘I am not going to offer flowers or havan in the gurudwara’.
Noting that he commanded Sikh, Jat and Rajput troopers, the court reported his conduct insulted the sentiments of his very own men. "You are a troop leader plus your troop comprises Sikh troopers. They can be within a gurdwara, and this is how he conducts himself? The tone and tenor of his refusal are insulting."
Sankaranarayanan claimed the officer had even entered a temple, and taken section in all festivals. “Even now, I undertake to enter. Conducting ceremonies is a thing that can't be compelled on me. The commandant frequently insisted that I should perform ceremonies inside the sanctum sanctorum”.
Advocate Sankaranarayanan preserved: “The commandant couldn't have forced me to conduct puja, ceremonies..its an issue of Appropriate to Religion this is a constitutional issue..this court should no less than issue a detect”.
Rapping to your Army officer, Justice Bagchi said the officer appeared to have personally interpreted his faith and raised the authorization offered from the Pastor.
"He was standing outside the sanctum. He instructed them he would do the rest they asked exterior but coming into the sanctum was against his religion," the advocate explained, protecting that only one excellent officer experienced objected.
The bench additional that his personal interpretation could not supersede discipline, "Your knowledge of your religious legal rights can't override anything else. The place with your religion does entering a place of worship interfere with the religion?"
Sankaranarayanan argued which the Army experienced dismissed him for one infraction and the officer had proven respect for other religions by here participating in festivals for example Holi and Diwali.
A bench of Justices Surya Kant and Joymalya Bagchi also remarked that the soldiers' conduct reflected gross indiscipline, rendering them absolute misfits for that army.
“You are classified as the group chief. In your team, you'll find Sikh troopers, and since of them, There's a Sikh gurudwara… A gurudwara is one of the most secular spots to go to.
He experienced preserved that he was a Protestant Christian adhering to some monotheistic religion that prohibits idol worship and he cannot be pressured to enter sanctum sanctorum of the temple and perform rituals like puja havan
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When rejecting his plea, the Delhi Superior Court had reasoned that the claimed petitioner saved his religion above his superiors' lawful command.