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* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 17^th December, 2025 Pronounced on : 27th January, 2026 + W.P.(C) 5290/2001 & CM APPL. 18565/2024 OM PRAKASH .....Petitioner Through: Ms. Mansi Sharma and Mr. Rehan Verma, Advocates.

versus UOI & ORS. .....Respondents Through: Mr. Vikrant N. Goyal, CGSC along with Mr. Kunal Dixit and Mr. Piyush Wadhwa, Advs.

CORAM:

HON'BLE MR. JUSTICE DINESH MEHTA HON'BLE MR. JUSTICE VIMAL KUMAR YADAV

J U D G M E N T

Per DINESH MEHTA, J.

I. Prelude:-

1. The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking quashment of the proceedings of the General Security Force Court (hereinafter referred to as „GSFC‟), order dated 19.08.1992 and 20.10.1992 passed and confirmed by the Commandant, 172 Battalion and the Inspector General, BSF, respectively.

2. The petitioner, who joined Border Security Force (hereinafter referred to as „BSF‟) as a Constable in August of 1983 was promoted as a Lance Naik on 15.04.1991. While discharging his duties as Lance Naik, he was posted at company headquarters at Mohra in Jammu & Kashmir.

3. As per the petitioner, on 19.07.1991, he developed some pain in his left leg, for which, he contacted the local army hospital and was advised rest for three days, which was extended upto 24.07.1991.

4. On 22.07.1991, he was detailed to go to Forward Defence Line (hereinafter referred to as „FDL‟) Ghoretal alongwith four other personnel namely, Nk J.D. Sharma, Ct. Rajbir Singh, Ct. Padma Naik, and Ct. Ram Rattan.

5. The petitioner claims to have complained of pain in his left leg to the concerned officer, but still he was insisted to proceed to FDL Ghoretal. According to him, he had to stop on various occasions while covering the distance of 13-14 kms. from the Company Headquarters, Mohra Base to FDL Ghoretal. During the journey, two of those four persons, namely Ct. Ram Rattan and Ct. Rajbir Singh accompanied him while Nk J.D. Sharma and Ct. Padma Naik kept moving and left them behind.

6. As per the facts narrated, at around 150 yards away from FDL Ghoretal post, the petitioner stopped near a nallah (stream), where Ct.

Jeevan Ram of „A‟ Company was taking a bath. The petitioner stopped for some time to take rest and adjusted his bandage. In the meantime, Ct. Ram Rattan and Ct. Rajbir Singh kept moving and went ahead of him. The petitioner again set off for the remaining journey and reached the post at about 1300 hrs, within half an hour of the arrival of Ct. Ram Rattan and Ct.

Rajbir Singh.

7. As per the case set up by the respondents, one „NB‟ (hereinafter referred to as „prosecutrix‟), a local resident claimed to have meted with an untoward incident, rather an act committed by some person, which incident was firstly informed to her brother-in-law „KM‟ (elder brother of her husband) and then to the Sarpanch i.e. Abdul Rahim Sheikh, whereafter in a bid to inquire about the person involved the Sarpanch, firstly, contacted Ct. Jeevan Ram, who was still at the nallah. Jeevan Ram guided them towards the FDL Ghoretal. On an inquiry being made and after the victim being called, the prosecutrix identified the petitioner as the person having committed the act. A fact-finding exercise was conducted by one SI Prakash Chand.

8. Various officers of the respondent/BSF collected the information and recorded the statements of the relevant persons, including Sarpanch and the victim between 22^ndand 24^thof July, 1991 on the spot or in the village Mayan; the higher officer(s) and the Company Commandant were informed accordingly. It is an admitted case of the parties that a preliminary inquiry was conducted, whereafter the competent authority of the respondent/BSF decided to proceed against the petitioner under Rule 45 of Border Security Force Rules, 1969 (hereinafter referred to as „BSF Rules‟). Consequently, a charge-sheet dated 19.10.1991 came to be issued; for the following charges:

“in that he at Mayan Village on 23.07.1991 while he was going to G