RANJEET SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal is filed against judgment and order of sentence dated May 2, 2011 passed by the Commandant Presiding Officer of the General Security Force Court, which has, since, been confirmed by the Special Director General (East), Border Security Force, Kolkata, being the confirming authority/officer. The Border Security Force Act, 1968 (hereinafter referred to as the said Act in short), provides for constitution of Security Force Courts under Section 64 of the said Act.

(2.) SUB -section (1) of Section 117 of the said Act, any person subject to the said Act, who considers himself aggrieved by any order passed by any Security Force Court, may present a petition to the officer or authority empowered to confirm any finding or sentence of such Security Force Court. The confirming authorities are authorised to take steps as may be considered necessary to satisfy itself as to the correctness, legality or propriety of the order passed or as to the regularity of any proceeding to which the order relates.

(3.) UNDER Sub -section (2) of Section 117 of the said Act, any person subject to this Act, who considers himself aggrieved by a finding or a sentence of any Security Force Court, which has been confirmed, may present a petition to the Central Government, the Director General, or any prescribed officer superior in command to the one who confirmed such finding or sentence, and the Central Government, the Director General or the prescribed officer, as the case may be, may pass such order thereon as it or he thinks fit.