The Supreme Court has declined to interfere with the dismissal of a Border Security Force (BSF) Sub-Inspector convicted by a General Security Force Court for facilitating illegal cattle smuggling along the Indo-Bangladesh border. Emphasising that breaches by officers guarding national frontiers cannot be trivialised, the Court upheld both the conviction and the composite punishment, reinforcing strict accountability within armed border forces.
Bhagirath Choudhary, a BSF officer with 36 years of service, was serving as Post Commander at Gate No. 16 on the Indo-Bangladesh border when allegations surfaced that he enabled cattle smuggling. The prosecution relied on a confessional statement and circumstantial indicators at the site, though no cattle, money, or independent eyewitness testimony was produced. After due proceedings, a General Security Force Court found him guilty under Section 40 of the BSF Act, 1968 for conduct prejudicial to discipline and sentenced him to six months’ rigorous imprisonment along with dismissal from service.
His challenge before the Delhi High Court, arguing coercion, lack of evidence, and disproportionality of punishment, failed. Before the Supreme Court, he reiterated these grounds and additionally pleaded that denial of pension after decades of service was excessively harsh.
A bench of Justice Aravind Kumar and Justice Prasanna B. Varale held that the High Court had correctly interpreted Sections 48 and 50 of the BSF Act, which permit a Security Force Court to impose one or more statutory punishments, including dismissal. Stressing the gravity of misconduct at international borders, the Court observed, “When the national security is paramount, any infraction thereof that too by the officers… manning the Borders cannot be viewed lightly.”
Finding no procedural irregularity or legal infirmity, the Court upheld the conviction and dismissal. However, considering the appellant’s 36-year tenure and prior service record, the Court allowed him to submit a representation seeking pension, leaving the final decision to the competent authority without mandating grant of benefits.
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