Roshan Singh vs Union of India

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IN THE HIGH COURT OF DELHI
Manmohan, Navin Chawla, JJ.
Roshan Singh - Appellant
Versus
Union of India - Respondent
W.P.(C) 220 of 2022
Decided On : 20-01-2022

Important Points

Court directed the Director General of BSF to expeditiously decide the petitioner's application for suspension of sentence within four weeks, without commenting on the merits of the case.

Subject

Administrative Law - Writ Petitions

Headnote

(A) Border Security Force Act, 1968 - Section 117(2) - Application for suspension of sentence - Petitioner sought directions to suspend sentences confirmed on appeal, pending consideration of suspension application by confirming authority. The court directed the Director General of BSF to expeditiously decide the pending applications within four weeks, affirming that no comments were made on the merits of the case, leaving contending rights open. (Paras 4, 5) (

Facts of the case:
The petitioner, facing a sentence confirmed by authority in revision proceedings, seeks suspension and has a related petition under the BSF Act pending.) (

Findings of Court:
The court disposes of both the suspension application and main writ petition with a direction to the Director General, BSF, to make a decision in a timely manner.) (

Issues: Whether the petitioner's applications for suspension and under Section 117(2) of the BSF Act should be decided expeditiously.) (

Ratio Decidendi: The court emphasized the need for a timely resolution of the petitioner's applications, underlining the principles of expeditious justice.) (

Result: Both applications directed to be decided within four weeks.)

Table of Content
1. court directs expeditious consideration of applications (Para 1 , 5)
2. pending application concerning suspension of sentence (Para 2 , 3 , 4)
3. next hearing date cancelled (Para 6)

JUDGMENT

Manmohan, J. (Oral)

C.M.No.3540/2022

1. The matter has been heard by way of video conferencing.

2. Present application has been filed seeking directions to the Respondents to suspend the sentences passed against the Petitioner in the revision proceedings dated 08th and 9th November, 2021 and as confirmed by the order dated 07th December 2021 passed by the confirming authority.

3. Issue notice. Ms.Nidhi Raman, CGSC accepts notice on behalf of the Respondents. She states that the Petitioner's application for suspension of sentence is pending consideration before the Director General, BSF and is likely to be disposed of shortly.

4. A perusal of the paper book reveals that the Petitioner's petition under Section 117(2) of the BSF Act is also pending consideration before the Director General,BSF.

5. Consequently, not only the present application but also the main writ petition is disposed of with a direction to the Director General, BSF to decide both the Petitioner's application for suspension of sentence as well as the petition under Section 117(2) of the BSF Act, as expeditiously as possible, preferably within four weeks. This Court clarifies that it h as not commented on the ment of the controversy. The rights and contentions of all the parties are left open.

6. The next date of hearing stands cancelled.