GD RANA PRATAP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) SHORN of unnecessary details, the facts leading to filing of the present petition are that the petitioner was enrolled as a Constable under Border Security Force and was attached with the 23rd Battalion and on 16.11.2008 was performing duties in the D Coy on Indo-Bangladesh border at BOPs Soldighi and Nayabari.

(2.) THE petitioner and Ct.B.Kapmilian PW-2, were detailed to perform patrolling duty at Ambush Point No.3 from 05.30 PM on 16.03.2008 till 08.00 AM on 17.03.2008. THE area comprising Ambush Point No.3 extended from BFL Poles No.8 to 22. Ct.B.Kapmilian PW-2 and the petitioner decided amongst themselves that the petitioner would patrol between BFL Poles No.8 to 14 and Ct.B.Kapmilian would patrol between BFL Poles No.15 to 22.

(3.) IT transpired that one Mohd.Mustafa, a woman Mst.Majeedia Begum and her 8 month old son Mamoon had died as a result of firearm injuries, and Mohd.Shahidul Islam, husband of Mst.Majeedia Begum, was grievously injured. Petitioner was overpowered by the villagers, beaten, but rescued by BDR persons and admitted at the local hospital. DIG R.Chandra Mohan PW-3 and Deputy Commandant Binnar Paul PW-6, persuaded the officials of BDR to hand over the custody of the petitioner to them as also the various objects seized by them from the place of occurrence, which included one 5.56 mm INSAS rifle bearing butt No.328, body No.16914015, 3 empty cartridges, 5 live rounds, 1 pair of jungle boots, 1 pair of anklets, 1 cap and 3 magazines of 5.56 mm INSAS rifle. Thereafter Dr.Tarkeshwar Prasad PW-9 and Dr.Hemanta Chetia from the BSF Hospital went to Rangpur Medical College Hospital where petitioner was admitted in Bangladesh and upon finding him fit, brought him to India in safe custody.