LAWS(J&K)-2013-11-1

UNION OF INDIA Vs. KAUSHALAYA DEVI

Decided On November 11, 2013
UNION OF INDIA Appellant
V/S
KAUSHALAYA DEVI Respondents

JUDGEMENT

(1.) Late Shamsher Singh husband of respondent no. 1 and father of respondents 2 to 4 was enrolled in Border Security Force as Constable in 1970. After serving the Force for a little more than 11 years, he was tried by Summary Security Forces Court on following charges:-

(2.) The Summary Security Forces Court (hereinafter referred to as SSF Court) was held on 09.06.1982 at Headquarters of 14 Bn. BSF and was presided over by Shri G.B. Singh, Commandant 14th Bn. BSF. S/Shri Murugappan AC (TCH) 40 Bn. BSF and SI Amarjeet Singh No. 79002032 40 Bn. BSF acted as interpreters and Shri Chhering Ram AC 40 Bn. BSF as friend of the accused (Late Constable Shamsher Singh). The accused was brought before the Court. The chargesheet was read over and explained to the accused and the accused was asked as to whether he pleaded guilty. The accused pleaded guilty to all the charges. The accused was further asked as to whether he wanted to make any statement in reference to the charge or investigation or punishment or whether he wanted to call any witness as to character or in his defence. He opted not to make any statement or call any witness as to character or call any witness in his defence. The proceedings were closed on 09.06.1982 itself and the accused sentenced to undergo 6 months rigorous imprisonment in Civil Jail and dismissed from the service. The sentence awarded was reviewed by Deputy Inspector General of Border Security Force (Reviewing Officer) and countersigned by him, whereafter it was confirmed by the Inspector General of Board Security Force. Late Shamsher Singh made a representation against his conviction and sentence awarded, to Director General Border Security Force, Ministry of Home Affairs, New Delhi. His representation did not find favour with the Authority and was rejected on 14.11.1983.

(3.) Late Shamsher Singh questioned the order of SSF dated 09.06.1982 whereby he was convicted and sentenced to six months rigorous imprisonment and dismissed from service, in writ petition being SWP no. 307/1984. The case set up was that the SSF Court was not properly constituted and that he was not allowed proper assistance during the trial before the Court and the safeguards laid down under the Border Security Forces, Act and Rules made thereunder were observed in breach.