Delhi HC Upholds Army Officer's Dismissal for Skipping Regimental Religious Parades

New Delhi, 31 May, 2025 - The Delhi High Court has upheld the dismissal of an Indian Army Commanding Officer who refused to participate in weekly regimental religious parades, citing his Christian faith. A division bench of Justices Navin Chawla and Shalinder Kaur ruled that the officer’s conduct amounted to indiscipline, adversely affecting unit cohesion and military discipline.

The officer, Samuel Kamalesan, commissioned in March 2017 as a Lieutenant in the 3rd Cavalry Regiment, led Squadron B comprising Sikh personnel. He challenged his dismissal, which came without pension or gratuity, arguing that the Regiment maintained only a Mandir and a Gurudwara, and lacked a Sarv Dharm Sthal or church. He claimed he attended events but sought exemption from entering temple sanctums during rituals.

The Army maintained that Kamalesan consistently refused to attend regimental parades despite multiple counselling sessions and efforts to help him understand the importance of regimentation. The Chief of Army Staff, after reviewing the case, concluded that Kamalesan’s retention was undesirable due to misconduct.

The Court stressed that his dismissal stemmed from the impact of his actions on military discipline, not solely his Annual Confidential Report (ACR). It noted that regiments, though historically associated with certain religious or regional identities, uphold a secular ethos.

“Commanding Officers must lead by example and place the cohesion of the unit above individual religious preferences,” the bench observed. It emphasised that while religious freedom is respected, military standards of discipline are unique and cannot be judged by civilian norms.

The Court acknowledged the motivational role of war cries and religious traditions within the Army, adding that these do not compromise the secular character of the forces. Kamalesan’s refusal to obey a lawful command was deemed a serious breach of discipline.

The bench concluded that trial by court martial was impractical due to the sensitive religious elements involved, and found the termination decision to be justified and well-considered in light of operational realities and unit morale.

Source : live law