JUDGMENT

[VIA VIDEO CONFERENCING]

Rajiv Sahai Endlaw, J.

CM 21873/2021 (for exemption)

1. Allowed, subject to just exceptions and as per extant rules.

2. The application is disposed of.

W.P.(C) 6927/2021 & CM 21872/2021 (for interim direction).

3. The petitioner, a Commandant (GD) in the respondents Indo-Tibetan Border Police (ITBP) and against whom, on 28th October, 2020 a General Security Force Court (GSFC) has been convened, has filed this petition, (i) impugning the order dated 12th April, 2021 of the Director General, ITBP and the order dated 16th February, 2021 of the Convening Authority of the GSFC; and, (ii) for declaration, that the proceedings conducted against the petitioner in pursuance to the convening order dated 28th October, 2020 of the Convening Authority, are unlawful for all practical purposes.

4. We have heard the counsel for the petitioner.

5. The counsel for the petitioner has argued, that (i) the GSFC was constituted vide order dated 28th October, 2020 and assembled on 18th November, 2020; (ii) as per Section 80 of the ITBP Act, 1992, GSFC has to have minimum five members and as constituted, had five members; (iii) the trial of the petitioner before