Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 3847

IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, Manoj Jain, JJ.
Sanjeet Kumar Yadav – Appellant
Versus
Union of India & Ors. – Respondents
W.P.(C) 10314 of 2023
Decided On : 07-08-2023

Advocates appeared:
Mr. Abhay Kumar Bhargava and Mr. Satyarth B. Sinha, Advocates, for the Appellant.
Mr. Manish Mohan, CGSC with Mr. Anirudh Shukla, Advocate, for the Respondents.
Mr. Hemendra Singh, DC, Law, BSF.

Timely adjudication of statutory petitions and suspension of sentence under the Border Security Force Act.

Headnote:
Border Security Force Act - Direction to Adjudicate Statutory Petition and Suspension of Sentence - The court directed the respondents to adjudicate the post confirmation statutory petition and the petition seeking suspension of sentence within three weeks. The court also directed the supply of trial proceedings to the petitioner through the learned counsel for petitioner.
Fact of the Case:

The petitioner sought a direction to the respondents to adjudicate the post confirmation statutory petition, petition for suspension of sentence, and application for supply of trial proceedings in a time-bound manner.
Finding of the Court:

The court directed the respondents to conclude the proceedings and make a decision within three weeks. The court also directed the supply of trial proceedings to the petitioner through the learned counsel for petitioner.
Issues: Adjudication of statutory petition, suspension of sentence, and supply of trial proceedings in a time-bound manner.
Ratio Decidendi: The court emphasized the need for timely adjudication of statutory petitions and suspension of sentence, and directed the supply of trial proceedings to the petitioner through the learned counsel for petitioner.
Final Decision: The petition is disposed of with directions to decide the statutory petition and suspension of sentence within three weeks, and to supply trial proceedings to the petitioner through the learned counsel for petitioner.

JUDGMENT

Sanjeev Sachdeva, J. (Oral)--Petitioner seeks a direction to the respondents to adjudicate the post confirmation statutory petition dated 03.07.2023, preferred by the petitioner under Section 117 (2) of the Border Security Force Act, 1968 (BSF Act) as also the petition filed under Section 130 of the BSF Act for suspension of sentence and an application under Section 129 of the BSF Rules for supply of trial proceedings in a time-bound manner.

2. Issue notice. Notice is accepted by learned counsel for the respondents.

3. With the consent of parties, the petition is taken up for disposal today.

4. Learned counsel for respondents submits that the statutory petition and the petition seeking suspension of sentence are pending before the competent authority and assures that the proceedings shall be concluded and a decision taken within a maximum period of three weeks from today.

5. With regard to supply of trial proceedings, it is stated that the petitioner has not applied for the same directly but has applied through an Advocate without there being any authority letter.

6. Petition is disposed of directing the respondents to decide the post confirmation statutory petition as well as the petition seeking suspension of sentence within a period of three weeks from today. With regard to supply of copy of trial proceedings, since the petitioner is incarcerated, respondents are directed to furnish copy to the petitioner through the learned counsel for petitioner. On supply of the same, the same shall be treated as compliance of statutory requirement in terms of Rule 129 of the BSF Rules.

7. Dasti under signature of the Court Master.

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