ATAL BIHARI Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of the present writ petition, the petitioner assails the order dated 9th April, 2013 whereby the mercy petition made by the petitioner has been rejected. The petitioner also assails the prior order dated 18th July, 2006 passed by the Summary Security Force Court ("SSFC" hereafter) whereby the petitioner was found guilty of commission of offence punishable under Section 46 of the Border Security Force Act, 1968 and the sentence awarding dismissal from service.

(2.) The petitioner was recruited as Constable in the Border Security Force on the 24th of March, 1993. In the year 2006, he was posted with the 89th Battalion of the Border Security Force at West Bengal.

(3.) The case against the petitioner commenced on a complaint made by one Shri Hari Mohan Dass about an incident involving a woman, Smt. Parvati Das. In order to obviate any dispute we may usefully set down the statement made by the Smt. Parvati Das who appeared as the first witness in support of the prosecution during the petitioner's trial. The statement reads as follows:-