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BSF Officer Faces Dual Scrutiny: J&K High Court Greenlights Inquiry Amid Rape Trial
In a significant ruling for paramilitary service matters, a Division Bench of the —comprising Justices Sanjeev Kumar and Sanjay Parihar—dismissed two by BSF Assistant Commandant Akhand Prakash Shahi. The court upheld the initiation of a preliminary alongside his ongoing criminal trial for rape under , ruling it causes no prejudice and distinguishing it from formal disciplinary proceedings.
Grave Allegations Spark FIR, Suspension, and Legal Battles
The saga began in when a female Assistant Sub-Inspector (Ministerial) in the lodged a complaint against Shahi, then posted as Assistant Commandant at STC Airport, Humhama, Srinagar. This led to FIR No. 108/ at Police Station Dwarka (North), New Delhi, under . Investigation concluded with a charge sheet, charges were framed, and Shahi secured bail but continues facing trial in Delhi.
Given the offence's gravity, BSF suspended Shahi on under , confirmed on . In , authorities ordered a under to probe the allegations as a potential disciplinary matter. Shahi challenged this and his suspension via , dismissed by a Single Judge on . His appeals (LPA Nos. 275/2025 and 288/2025) followed, pronounced on .
Appellant's Plea: Parallel Probes Would Derail Defence
Shahi argued that allowing the —equated to —parallel to the criminal trial on identical charges would prejudice his criminal defence. He claimed the inquiry officer lacked expertise for complex facts and law in rape allegations, forcing premature disclosure of his strategy. On suspension, he cited delays in as grounds for revocation.
BSF's Stand: Inquiry is Just Fact-Finding, Not Punishment
Respondents, represented by and BSF officials, countered that 's is merely preliminary—a fact-finding exercise under to verify allegations before deciding on disciplinary action. No formal proceedings had started, so no applied, and Supreme Court precedents permit simultaneous probes absent prejudice.
Court Clarifies: Fact-Finding ≠ Disciplinary Action
Drawing on Supreme Court rulings, the Bench affirmed no legal impediment to concurrent proceedings, but emphasized a key distinction: the ordered inquiry isn't departmental action but a preliminary step per BSF Rules. Justices noted
allows inquiries into
"any disciplinary matter or any other matter of importance,"
benefiting Shahi by letting him rebut claims early.
The court rejected prejudice claims, stating participation wouldn't compel —Shahi could remain silent. Suspension was deemed valid due to the criminal trial itself, not any departmental delay, as no inquiry procrastination existed.
Key Observations from the Bench
"The under the is only a ordered to collect evidence so as to facilitate the BSF authorities in deciding its future course of action."
"At the stage of , there is no departmental proceeding initiated or commenced against the delinquent, though the finding of such may form the basis of taking a decision by the competent authority about future course of action."
"Needless to say, that during the , the appellant cannot be forced to make any self-incriminating statement. He shall have option to even remain silent during these proceeding."
"The appellant is under suspension for the reason that he is facing a criminal trial before the criminal court on a charge under ."
Appeals Dismissed: Path Clear for Inquiry, Suspension Stays
Both appeals were dismissed, upholding the Single Judge's orders. The ruling underscores that challenges to non-existent disciplinary proceedings are premature, paving the way for BSF to proceed with fact-finding without awaiting criminal outcomes. For service personnel, it reinforces suspensions' validity amid serious criminal charges and protects preliminary inquiries as administrative tools, potentially influencing similar cases in paramilitary forces.
This decision, approved for reporting, balances departmental efficiency with accused rights, ensuring no forced while prioritizing internal accountability.
