MOHINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) BY way of the instant writ petition, the petitioner has assailed the legality of the order dated 9th March, 1999 and sentence imposed by the Summary Security Force Court ('SSFC') whereby the petitioner was sentenced to rigorous imprisonment as well as dismissal from service.

(2.) THERE is no dispute to the facts giving rise to the petition. The petitioner joined the Border Security Force ('BSF') in the year 1984 and was promoted thereafter as Lance Naik, Naik and Head Constable. He had an unblemished record of service and was rewarded with good entries in his service book as well as cash rewards by his superiors on 10 occasions.

(3.) UNFORTUNATELY , while returning after making purchases, Lance Naik Nirmal Lakra as well as the petitioner spotted some Bangladeshi intruders taking wood from India to Bangladesh. The petitioner challenged the intruders whereupon they started fleeing towards Bangladesh. As the petitioner and Lance Naik Nirmal Lakra were chasing these intruders, about 15 -20 Bangladesh nationals came out from hiding in the bushes. After over -powering the BSF personnel, they tied them with ropes while the two jawans were well within the Indian territory. The BSF personnel were thereafter forcibly taken to Bangladesh BOP Tekkar Ghat and were then handed over to the Bangladesh Forces. The petitioner and Lance Naik Nirmal Lakra were handed over by the Bangladesh Rifles ('BDR') to Commandant Shri B.K. Mehta of the BSF in a flag meeting held on 13th January, 1999.