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HIGH COURT OF TRIPURA _A_G_A_R_T_A_L_A_

WP(C) No. 579 of 2025 Sri. Som Nath, Son of Sri Baisakhi Ram, Resident of Rajindarpura (Bagona), Jammu, District Jammu, Union Territory of Jammu & Kashmir, PIN-181143.

Previously posted with Adhoc "H" Coy, 42 Battalion, Border Security Force (BSF), Fatikcherra, West Tripura.

…….....Petitioner VERSUS

1. The Union of India, represented by the Secretary, Department of Home Affairs, having his office at North Block, New Delhi, 110001. 2. The Secretary, Department of Home Affairs, having his office at North Block, New Delhi, 110001.

3. The Director General, Border Security Force, having his office at Block No. 10, CGO Complex, Lodhi Road, New Delhi-110003.

4. The Inspector General, Tripura Headquarters, Border Security Force (BSF), Salbagan, Frontier Agartala, Tripura - 799012.

5. The Commandant, 42 Battalion, Border Security Force (BSF), having his office at Fatikcherra, West Tripura -799045.

6. The Presiding Officer, General Security Force Court, 42 Bn, BSF, Fatikcherra, West Tripura.

7. The Reviewing Authority, Deputy Inspector General, BSF Sector Headquarters, Gokulnagar, West Tripura 799008. ...........Respondents For Appellant(s) :Ms. Adwitiya Chakraborty, Adv.

Ms. Sara Tripura, Adv.

For Respondent(s) :Mr. Bidyut Majumder, D.S.G.I.

Date of hearing :27.07.2026 Date of Delivery of judgment :11.08.2026 Whether fit for reporting : YES HON’BLE MR. JUSTICE BISWAJIT PALIT JUDGMENT &ORDER This writ petition is filed by the petitioner seeking the following reliefs:-

“ i) Issue Rule, calling upon the respondents and each one of them, to show cause as to why a Writ of Certiorari and/or in the nature thereof, shall not be issued for transmitting the records, relevant to the subject matter of this writ petition, for rendering substantive and conscionable justice to the petitioner, and for quashing/setting aside the impugned Sentence by the Security Force Court dated 03.01.2024 (Annexure-3 supra); ii) Issue Rule, calling upon the respondents and each one of them, to show cause as to why a Writ of Mandamus and/or in the nature thereof, shall not be issued for mandating/directing the respondents, for quashing/setting aside the impugned Sentence by the Security Force Court dated 03.01.2024 (Annexure-3 supra), and to allow the petitioner to face a fresh trial;

iii) Issue Rule, calling upon the respondents and each one of them, to show cause as to why a Writ of Prohibition and/or in the nature thereof, shall not be issued for restraining/prohibiting the respondents, from acting in any manner, in furtherance of the impugned Sentence imposed by the Security Force Court dated 03.01.2024 (Annexure-3 supra);

iv) In the Ad-interim, and thereafter, on hearing the parties, in the Interim, an Order, in terms of relief (iii)

supra;

v) Call for the records appertaining to this petition;

vi) After hearing the parties, be pleased to make the Rule Absolute in terms of ii. above;

vii) Costs of and incidental to this proceeding;

viii) Any other Relief(s) as to this Hon’ble High Court may deem fit and proper;

AND For this gracious act of kindness the humble petitioner above named SHALL AS IN DUTY BOUND EVER PRAY”

2. Heard Learned Counsel Ms. Adwitiya Chakraborty, appearing on behalf of the petitioner and Learned Dy.S.G.I Mr. Bidyut Majumder, appearing on behalf of the respondents-Union of India.

3. It is the case of the petitioner that the petitioner joined as a Constable of BSF on 25.08.1989 at STC BSF Udhampur. He did his Basic Recruit Training at STC BSF Kharkan Camp (Punjab) and was further posted to 42 Bn BSF in July 1990 at Acchad, Sunderbani (J&K) and after completion of his Basic Training, he remained posted in 42 Bn BSF till February, 2011, and was further posted to STC BSF Hazaribagh as Weapon Instructor. After completion of his tenure at STC BSF Hazaribagh, he was again posted to his parent Battalion i.e. 42 Bn BSF in September, 2015 and since then, he was performing various duties assigned to him as H