HANS RAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) With the consent of the learned counsel for the parties, the leading writ petitions No.9427/05 and 4753/02 are taken up for final hearing as all these writ petitions raise a common question of law.

(2.) The issue involved in these group of petitions is whether in an order passed under Section 117 of the Border Security Force Act (hereinafter referred to as the " BSF Act") in dealing with appeals against the orders of Security Force Court and the Summary Security Force Court and its confirmation, reasons are required to be given. Section 117 of the BSF Act reads as follows:-

(3.) The Summary Court Martial is held under Section 116 read with the Rules 103-133 of the Army Act, 1958. The Summary Security Force Court is held under Section 74 read with Rules 133-161 of the Border Security Force Act. General Court Martials under the Army Act are akin to Security Force Courts and Summary Court Martials are akin to Summary Security Force Courts under the BSF Act.