Hasnain Massodi, J.

Late Shamsher Singh, husband of respondent no. 1 and father of respondents 2 to 4 was enrolled in Border Security Force as Constable in 1970. After serving the Force for a little more than 11 years, he was tried by Summary Security Forces Court on following charges:-

(i) That he at 2230 hours on 28th May, 1982 entered into Family Quarter no. 40 and used criminal force to Smt. Saroj Devi W/o No. 76001187 Constable Shiv Narain intending to outrage her modesty while her husband was away on duty.

(ii) That he at 2200 hours on 28th May, 1982 while posted in SP Coy improperly brought a civilian named Dewan Singh 2 S/o. Macchi Singh to his family quarter placed out of bound.

(iii) That at 0945 hours on 28th May, 1982 he was found in unauthorized possession of two cottons of Bicat Strips and 7.62 empty case on search of his house by HC Mukhtiyar Singh Offg. BHM.

The Summary Security Forces Court (hereinafter referred to as SSF Court) was held on 09.06.1982 at Headquarters of 14 Bn. BSF and was presided over by Shri G.B. Singh, Commandant 14th Bn. BSF. S/Shri Murugappan AC (TCH) 40 Bn. BSF and SI Amarjeet Singh No. 7900203240 Bn. BSF acted as interpreters and Shri Chhering Ram AC 40 Bn. BSF as friend of the accused (Late Constable Shamsher Singh). The accused was brought before the Court. The chargesheet was read over and explained to the accused and the accused was asked as to whether he pleaded guilty. The accused pleaded guilty to all the charges. The accused was further asked as to whether he wanted to make any statement in reference to the charge or investigation or punishment or whether he wanted to call any witness as to character or in his defence. He opted not to make any statement or call any witness as to character or call any 3 witness in his defence. The proceedings were closed on 09.06.1982 itself and the accused sentenced to undergo 6 months rigorous imprisonment in Civil Jail and dismissed from the service. The sentence awarded was reviewed by Deputy Inspector General of Border Security Force (Reviewing Officer) and countersigned by him, whereafter it was confirmed by the Inspector General of Board Security Force. Late Shamsher Singh made a representation against his conviction and sentence awarded, to Director General Border Security Force, Ministry of Home Affairs, New Delhi. His representation did not find favour with the Authority and was rejected on 14.11.1983.

2. Late Shamsher Singh questioned the order of SSF dated 09.06.1982 whereby he was convicted and sentenced to six months rigorous imprisonment and dismissed from service, in writ petition being SWP no. 307/1984. The case set up was that the SSF Court was not properly constituted and that he was not allowed proper assistance during the trial before the Court and the safeguards laid down under the Border Security Forces, Act and Rules made thereunder were observed in breach.

3. The writ Court vide judgment dated 17.05.2001 allowed the writ petition and quashed the SSF Court 4 proceedings, giving liberty to the respondents to proceed in the matter afresh in accordance with rules. The writ Court was of the opinion that SSF Court violated mandate of Rules 142 and 143 of the BSF Rules rendering proceedings liable to be quashed. The writ Court reproduced Rules 142 and 143 to highlight the safeguards available to an accused under the Rules.

4. The Court pointed to failure on part of the SSF Court to make accused aware of the effect of the plea of guilt, the difference in procedure in case the plea of the guilt was made and failure to read and explain translated version of the evidence or its abstract to the accused. The writ Court was of the opinion that as the SSF Court had failed to specifically and expressly certify that all the steps mapped out in Rules 142 and 143 of BSF Rules were taken, it was to be presumed that Rules 142 and 143 were observed in breach. The writ Court arrived at the conclusion that Rules 142 and 143 were not followed, inasmuch a

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