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2026 Supreme(SC) 679

DIPANKAR DATTA, SATISH CHANDRA SHARMA
Baksish Ahmad – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Mahboob Alam Inayati, Adv. Mr. Furkan Ali Mirza, Adv. Mr. Naresh Kumar, AOR
For the Respondent(s): Ms. Aishwarya Bhati, A.S.G. Mr. Anukalp Jain, Adv. Mr. Rajan Kr.Chourasia, Adv. Mr. V.V.V. Pattabhi Ram, Adv. Mr. Padmesh Mishra, Adv. Mr. Udai Khanna, Adv. Mr. Adarsh Kumar Pandey, Adv. Mr. Arvind Kumar Sharma, AOR

JUDGMENT :

DIPANKAR DATTA, J.

1. Leave granted.

THE CHALLENGE

2. Appellant is aggrieved by the judgment and order dated 10th January, 20251[impugned order] of the High Court of Delhi at New Delhi2[Delhi High Court] dismissing his writ petition3[W.P. (C) No.229 of 2025] as well as the order dated 29th August, 2025 of dismissal of his review petition4[RP No.38 of 2025].

FACTUAL MATRIX

3. The facts, relevant for deciding this appeal, are as under:

    a) Appellant was enrolled as a member of the Border Security Force5[BSF] on 31st December, 2010. At the relevant time, he was posted in the 44th Battalion6[44 Bn]. While serving at Narayanpur, Malda, in West Bengal, a missing person report concerning one xxx7[lady] was received by the Company Commander of 44 Bn on 24th April, 2022. Appellant and another constable of the 44 Bn were suspected to be involved in abduction of the lady. In the meanwhile, the appellant's wife also lodged a complaint. It was alleged that the appellant, against her wishes, had contracted a second marriage with the lady. It was also alleged that the appellant subjected her to criminal force.

b) The Sector Headquarters, BSF, Malda, ordered a Staff Court of Inquiry8[SCoI] to in

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