(1.) The petitioner in the instant case was tried by a Summary Security Force Court in respect of an alleged incident dated 1st January, 1999. By a charge-sheet dated 12th October, 1999, the following charges were issued against the petitioner:-
(2.) The hearing of the charges against the petitioner under Rule 45 of the Border Security Force Rule was conducted by the Commandant 128 Battalion, BSF on 7th January, 1999. During this hearing, six prosecution witnesses were examined in addition to examination of documents. The record of evidence was directed to be prepared by Shri Rajendra Singh 2 1/C after completion of the hearing. During the recording of evidence, again 11 prosecution witnesses were examined in the presence and hearing of the petitioner and he was given opportunity to cross-examine these witnesses. The petitioner duly availed of such opportunity.
(3.) The petitioner was also given an opportunity to make a statement in his defence and to produce defence witnesses.