CHANDIGARH: Upholding disciplinary action against a CISF soldier for delivering an inflammatory speech at a public gathering while he was on leave, Punjab and Haryana HC clarified that members of the armed forces “are not ordinary citizens” in the context of public conduct and responsibility. “It must be remembered that freedom of speech, though a Fundamental Right, is not absolute and carries with it reasonable restrictions, particularly when it borders on hate speech or threatens public peace,” the high court noted.While dismissing a petition filed by CISF constable Gurnam Singh seeking that departmental orders to cut his pay as a penalty be quashed, HC observed that one who has sworn allegiance to the Constitution yet chooses the “pulpit of a public gathering to scatter seeds of religious animus” tears the fabric he is duty-bound to protect, and such conduct cannot be treated lightly.“ 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 bench of Justice Sandeep Moudgil ruled in a recent order.“An official addressing a gathering in a manner that could be interpreted as religiously provocative betrays not only professional discipline but also constitutional values,” Justice Moudgil said in his order.
