Delhi High Court - Orders
(Of Petitioner For Early Hearing) ... vs Union Of India & Ors on 5 July, 2021
Author: Rajiv Sahai Endlaw
Bench: Rajiv Sahai Endlaw, Amit Bansal
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1977/2020, C.M. Nos. 6919/2020 (for stay) & 19316/2021
(of petitioner for early hearing)
UPENDRA PRAKASH BALODI ..... Petitioner
Through: Ms. Pinky Anand, Senior Advocate
with Mr. Sumit Teterwal, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Anil Soni, CGSC.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 05.07.2021 [VIA VIDEO CONFERENCING] C.M. No. 19318/2021 (for exemption)
1. Allowed, subject to just exceptions and as per extant Rules.
2. The application is disposed of.
C.M. No. 19317/2021 (for stay) in W.P.(C) 1977/2020
3. The petitioner, by this application has pleaded subsequent event of the General Force Court having imposed a punishment and sentence of Rigorous Imprisonment for 18 months and of dismissal from service on the petitioner and has pleaded that though the copy of the order of the General Force Court has not been made available to the petitioner and under Section 121 of the Sashastra Seema Bal Act, 2007 (SSB Act), the finding or sentence of the General Force Court is subject to confirmation and the petitioner has an opportunity of hearing, under Section 131 of the SSB Act W.P.(C) 1977/2020 Page 1 of 2 before the confirming authority, but the petitioner in pursuance to the order of the General Force Court has been placed under "close arrest".
4. The senior counsel for the petitioner/applicant has argued, that the petitioner, already for the last 7 months was under open arrest and now has been placed under close arrest when the order of rigorous imprisonment is not even implementable till confirmation.
5. We have enquired from the counsel for the respondents appearing on advance notice, how, once the order is not valid and final till confirmation, personal liberty by placing a personnel under close arrest, can be taken away.
6. The counsel for the respondents seeks time to obtain instructions.
7. Since the question of personal liberty is involved, list on 6 th July, 2021.
RAJIV SAHAI ENDLAW, J AMIT BANSAL, J JULY 5, 2021 ak W.P.(C) 1977/2020 Page 2 of 2