Delhi High Court
Ex- Ct. Rana Pratap Singh vs Union Of India And Anr. on 4 September, 2017
$~25.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ WRIT PETITION (CIVIL) No. 7758/2017
Date of decision: 4th September, 2017
EX- CT. RANA PRATAP SINGH ..... Petitioner
Through Mr. L. Ojha & Mr. Akash Ojha,
Advocates.
versus
UNION OF INDIA AND ANR. ..... Respondents
Through Mr. Ankur Chhibber, Advocate.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
HON'BLE MR. JUSTICE NAVIN CHAWLA
SANJIV KHANNA, J. (ORAL):
This is the second round by the petitioner, who is an ex-
Constable in the Border Security Force (BSF).
2. The petitioner was tried vide General Security Force Court on
six charges, including four charges under Section 46 of the Border
Security Force Act, 1968 for committing murder of three Bangladeshi
nationals and for attempting to take life of another Bangladesh civilian
after entering Bangladesh. Another change was the petitioner had left
the picket with which he was stationed without orders from the
superior officers.
3. The petitioner had pleaded not guilty. Evidence was lead.
After due appraisal of the evidence both oral and documentary, the
petitioner was held to be guilty by the General Security Force Court
W.P. (C) No. 7758/2017 Page 1 of 3
and sentenced to suffer imprisonment for life and dismissal from
service.
4. Statutory petition addressed by the petitioner to the Union
Home Minister was rejected vide order dated 28th June, 2011.
5. The petitioner had thereafter challenged the aforesaid orders in
Writ Petition (Civil) No. 5878/2011, which was dismissed by a
detailed reasoned judgment dated 13th September, 2011. This
judgment had examined and considered the evidence and material on
record on the basis of which the petitioner was held to be guilty.
6. The petitioner had filed a Special Leave Petition against the said
judgment, which was dismissed vide order dated 19th August, 2014.
7. The petitioner is undergoing sentence and has been dismissed
from service.
8. On or about 13th December, 2016, the petitioner made a
representation to the Director General, BSF for annulment of the
General Security Force Court. In addition to factual assertions, the
petitioner had alleged violation of Rule 60 of the Border Security
Force Rules, 1969.
9. The aforesaid representation was considered and has been
rejected vide order dated 31st January, 2017.
10. The petitioner has filed this writ petition impugning the findings
and sentence of the General Security Force Court dated 28 th October,
2009. The contention of the petitioner is that one Rajesh Kumar
Sahay, second in command in 23rd Battalion, BSF, who was detailed
to prepare Record of Evidence, had appeared as the prosecutor in the
W.P. (C) No. 7758/2017 Page 2 of 3
General Security Force Court trial and thus there was violation and
contravention of Rule 60. It is submitted that Rajesh Kumar Sahay
though a prosecutor should be treated as "officers serving on court"
under Rule 60. Reliance is placed on Balwinder Singh versus Union
of India and Others, 172 (2010) DLT 200 (DB).
11. Another contention raised by the petitioner relates to the merits
of the findings recorded in the General Security Force Court trial.
12. We do not think the petitioner can be allowed to raise and plead
the aforesaid contentions, which would be hit and barred by the
principles of constructive res judicata, assuming though not accepting
there was a violation of Rule 60. The alleged violation cannot be
construed affecting the "jurisdiction" of the General Security Force
Court trial making and rendering the trial void or illegal so as to be a
nullity. This is not a case of "inherent lack of jurisdiction". The
pleas, we do not think, can be allowed to be raised after the orders
passed in the aforesaid General Security Force Court trial have been
upheld by this Court in the judgment dated 13 th September, 2011
passed in Writ Petition (Civil) No. 5878/2011. The said orders have
attained finality.
13. In view of the above, we do not find any merit in the present
writ petition and the same is dismissed, without any order as to costs.
SANJIV KHANNA, J.
NAVIN CHAWLA, J.
SEPTEMBER 04, 2017
VKR
