ROVINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the petition is admitted to hearing and in view of the pure question of law involved, the same is taken up for final disposal.

(2.) In this petition, the petitioner, a BSF personnel, who is facing criminal trial before the General Security Force Court is aggrieved and has challenged, inter alia, orders dtd. 27/7/2018 and 25/9/2018 passed by the Chief Judicial Magistrate, Bandipora, whereby the charge-sheet presented against the petitioner before the Chief Judicial Magistrate has been transferred and handed over to the General Security Force Court ["GSFC"] constituted under the Border Security Force Act, 1968 ["the Act"]. The petitioner has also assailed the order of GSFC, whereby the application moved by the petitioner for issuance of certified copies of the proceedings including statement of prosecution witnesses has been rejected by relying upon Rule 129 of the Border Security Force Rules, 1969["the Rules"]. The petitioner has infact challenged the vires of Rule 129 of the Rules on the ground that it infringes fundamental right of fair trial guaranteed to the petitioner under the Constitution of India.

(3.) On this petition coming up for consideration, this Court vide order dtd. 5/2/2020 while granting time to the respondents to file their objections also provided that the respondents may proceed in the matter of trial but shall not pass any final order until further orders. It is submitted that the GSFC has concluded the proceedings but the final orders could not be passed due to interim directions passed by this Court. Mr. Mushtaq Ahmad Dar, learned counsel appearing for the petitioner, thus, restricted his arguments only to the extent of seeking declaration that the Rule 129 of the Rules is inconsistent with part-III of the Constitution of India and that the denial of certified copies of the statements recorded during trial before the GSFC infringes his fair trial right guaranteed under Article 21 of the Constitution.