New Delhi, August 28 The Delhi High Court has directed that BSF officers should be provided with mandatory regular training on conducting the SSFC (Summary Security Force Court) proceedings.
A bench, headed by Justice Shalinder Kaur, said that it becomes incumbent upon the officers conducting the SSFC proceedings to be properly trained and sensitised to the manner in which the proceedings ought to be conducted, by giving due regard to the rules and procedures outlined in the BSF Act and Rules.
The Delhi HC said that it was coming across a number of cases where the SSFC proceedings were being conducted in a lackadaisical and perfunctory manner in disregard to the rules and procedures.
"It is also being noticed that despite there being no urgency, SSFC proceedings are being conducted in almost every case as a matter of routine," said the Bench, also comprising Justice Rekha Palli, as it highlighted that any deviation from the rules not only compromises the rights of the accused but also results in grave injustice, especially in cases where the trial ends with an award of a major penalty of dismissal from service.
Such a harsh penalty can have lifelong implications not only for the officer involved but for the entire family, it noted.
"The Presiding Officers holding the SSFC must understand that these trials are not just mere formalities but are a fundamental aspect of ensuring justice and maintaining discipline in the force by following the prescribed procedure. The Presiding Officers have to be sensitised on these matters in order to safeguard the rights of the accused as well as the commitment of the force in upholding the rule of law and maintaining the highest standards of discipline within its ranks. Failure thereof will only result in miscarriage of justice, for both the individuals as well as the force," the high court said as it dealt with a writ petition challenging the dismissal of a constable from service without pensionary benefits on the basis of his purported “plea of guilty‟ for his alleged role in the smuggling of phenesdyl syrup from Bangladesh to India.
The petitioner contended that he was not given any opportunity to prove his defence, and instead, the Commandant coerced him to plead "guilty".
In its judgment, the Delhi HC said: "It is well settled that a disciplinary inquiry/trial by the Security Force Court is not meant to be conducted mechanically as a mere formality, but should be held in accordance with the principles of natural justice and the laid down procedure, so as to enable the disciplinary authority to take an informed decision."
Holding that the SSFC concerned was vitiated, the high court held that either the petitioner never pleaded guilty to the charge or his plea of guilty was not voluntary. It directed the petitioner to be reinstated in service with all consequential benefits, while granting liberty to the respondent authorities to conduct a de novo trial and that the same be concluded within three months.
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