UNION OF INDIA Vs. K S BHAYEE

JUDGEMENT

(1.) THIS case was listed before us on January, 24, 1994 for disposal of Civil Miscellaneous application moved on behalf of the appellants for re -imposition of the interim order which had been passed earlier and which had been vacated subsequently. The case was directed to be put up on January 25, 1994. The arguments which were to be advanced on behalf of the learned counsel for the parties indicated that the same arguments will have to be repeated if the L.PA. itself was taken up for hearing. The learned counsel for the parties were, therefore, asked whether they were prepared to argue the whole appeal and they replied in the positive. Accordingly, we have heard Shri. D.P. Gupta., learned counsel for the appellants and Shri C.M. Gupta, learned counsel for the respondent, in the appeal itself.

(2.) THE appeal is directed against the judgment of learned Single Judge who has quashed the verdict of "guilty" recorded by the General Security Force Court, for short the Court, in proceedings under the Boarder Security Force Act, 1968(47 of 1968), for short the Act and the Boarder Security Force Rules, 1969 framed under the Act, for short the Rules. The only ground on which the learned Single Judge has quashed the verdict is that it does not contain reasons in support thereof. The learned counsel for the appellants has submitted that in view of the statutory provisions contained in the Act and the Rules, there was no obligation on the court to give reasons in support of the verdict.

(3.) THE learned counsel for the respondent has countered the submissions of the learned counsel for the appellant and has submitted that in the facts and circumstances of the Present case, reasons were necessary to be recorded. He has further submitted that the order impugned in the writ petition was the result of malafides and had been passed on the dictates of the confirming authority and was, therefore, illegal.