High Court Allows Action Against Soldier: Hate Speech Case Proceeds, Upholding Military Conduct Standards.

The Punjab and Haryana High Court (HC) has upheld disciplinary action against a Central Industrial Security Force (CISF) soldier for delivering a speech deemed inflammatory at a public gathering while on leave. The High Court has clarified that members of the armed forces have a greater responsibility regarding public conduct than ordinary citizens.

The case involved CISF constable Gurnam Singh, who faced departmental action that included a pay cut as a penalty. Singh challenged the orders, but the HC dismissed his petition. Justice Sandeep Moudgil, presiding over the case, stated that while freedom of speech is a fundamental right, it is not absolute and is subject to reasonable restrictions, especially when it comes to hate speech or threats to public peace.

The court emphasized the importance of maintaining impartiality and dignity for those in uniform. It was noted that Singh, by giving an address that could be seen as religiously provocative, had betrayed professional discipline and constitutional values, despite having sworn allegiance to the Constitution. The court stressed that such behavior undermines the very principles that members of the armed forces are sworn to protect.

Justice Moudgil further noted that a member of the armed forces "is not an ordinary citizen" and that "With the authority and respect that the uniform commands comes a heightened obligation to conduct oneself with utmost restraint, impartiality, and dignity, both in and out of uniform". The ruling underscores that soldiers are expected to adhere to a higher standard of conduct, both on and off duty, and that their actions are subject to greater scrutiny due to the nature of their position. The HC decision reinforces the principle that those serving in the armed forces must uphold constitutional values and professional discipline in their public conduct.


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