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MICHAEL ZOTHANKHUMA, MARLI VANKUNG
Union of India – Appellant
Versus
Sh. Zakaria Ahmed – Respondent
JUDGMENT :
Heard Ms. Zairemsangpuii, learned CGC for the appellants and Mr. B. Lalramenga, learned counsel for the respondents.
2. This appeal has been filed against the Judgment & Order dated 25.02.2022 passed by the learned Single Judge in WP(C) No. 150/2019, which had set aside the impugned order of dismissal dated 01.03.2019, issued by the Commandant, 1st Battalion BSF, on the ground that the General Security Force Court (GSFC) Order dated 07.12.2018, which came to a finding that the respondent was guilty of the charge punishable under Section 10 of the POCSO Act, 2012 did not convict the appellant, as the word ”convicted” was absent in the impugned order. The learned Single Judge followed the judgment of a Co-ordinate Bench of this Court in the case of Rajib Choudhury Vs. Union of India & Ors., reported in 2015 (1) GLT 185, wherein it held that the finding recording the opinion of the Court that the accused was guilty of the charge did not crystalize into an order of conviction, unless there was an order of conviction.
3. The brief facts of the case is that the respondent, wh
Point of Law : No limitation on the part of the High Court under the Article 226 of the Constitution of India and the High Court can definitely interfere with the findings of the GSFC if it finds tha....
The court held that the difference in punishment was not discriminatory as the SSFC had taken into account the previous convictions of the petitioner, while the co-accused had no previous convictions....
The sufficiency of evidence, compliance with procedural rules, and the gravity of the offence committed by the petitioner were the central legal points established in the judgment.
Distinct charges must be tried separately under BSF Rules to ensure a fair trial and avoid prejudice, as each charge arises from unique circumstances.
The Summary Security Force Court lacked jurisdiction to try civil offences under Section 46 of the BSF Act, except for simple hurt or theft, as per Rule 47 of BSF Rules.
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