DHIR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This order will dispose of Criminal Writ Petition Nos. 86 of 2004 (Dhir Singh v. Union of India and others), 87 of 2004 (Balwinder Singh v. Union of India and others), 88 of 2004 (Ajit Singh v. Union of India and others), 89 of 2004 (Harbans Singh v. Union of India and others), and 245 of 2002 (Bachan Singh v. Union of India and others).

(2.) Challenge in the present bunch of writ petitions is to the proceedings of a Summary Security force Court (for short, "SSFC"), which separately tried all the petitioners for an identical offence under Section 40 of the Border Security Force Act, 1968 (for short, "BSF Act") and sentenced them to different terms. The petitioners in these petitions were sentenced as under :- <FRM>JUDGEMENT_367_TLP&H_2010_1.html</FRM>

(3.) The petitioner (in Crl.Writ Petition No. 86 of 2004) was charge-sheeted on 28.8.1985, for an offence under Section 40 of the BSF Act for having committed an act prejudicial to good order and discipline of the force, particulars averring that while being posted at BOP Naushera Dhalla, 103 Bn BSF during the month of May 1985, improperly helped in giving safe passage to smugglers across the international border. Having framed this charge against the petitioner, he was put to trial by SSFC on 31.8.1985. Similarly, petitioner (in Crl.Writ Petition No. 245 of 2005) was also chargesheeted on 28.8.1985, for the same offence for having committed an act prejudicial to good order and discipline of the force by stating that that while being posted at BOP Daoke, 103 Bn BSF during the months December and January 1986, for giving safe passage to smugglers across the border and did not report about it to any of his superior office and also accepted his share of improperly taken money from Sh. P. Ethiraj, Assistant Commandant. Having framed this charge against the petitioner, he was put to trial by SSFC on 26.2.1986. In the same way, the petitioners in Criminal Writ Petition Nos. 87, 88 and 89 were charged for helping the smugglers in giving safe passage to them across the international border and accordingly charge was framed on 31.8.1985.