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27. Rule 43 of the BSF Rules, 1969 prescribes that where it is alleged that a person subject to the Act (other than an officer or subordinate officer) has committed an offence punishable under BSF Act an offence report shall be prepared reducing the allegation in writing. Rule 45 prescribes that the charge contained in the offence report shall be heard by the Commandant of the accused, after hearing the charge may: - (i) award any of the punishments to the accused which he is empowered to award;
or (ii) dismiss the charge; or (iii) remand the accused for preparation of Record of Abstract of Evidence against him; or (iv) remand accused for trial by a Summary Security Force Court. Rule 51 requires the officer detailed to prepare Record/Abstract of Evidence to forward the same to the Commandant. The Commandant, may after going through Record/Abstract of Evidence: - (i) dismiss the charge; (ii) rehear the charge and award one of the summary punishments; or (iii) try the accused by a Summary Security Force Court where he is empowered to do so; or (iv) apply to a competent officer or authority to convene a Court for the trial of the accused. Section 57 of the BSF Act empowers the Commandant to order arrest of his subordinate who has been charged with the commission of an offence.
29. Section 63 of the BSF Act provides twenty four hours to an accused person for preparing his defence after a decision has been taken to try him by the Summary Security Force Court. To put it differently, Section 63 empowers the department to convene a Summary Security Force Court for trial of an accused person twenty hours after a decision has been taken to conduct his trial and a charge sheet is served. It means that an accused would have to within a few hours of receiving the charge sheet inform whom would he like to be defended at the trial. We cannot overlook the fact that in Central Para Military Forces as also the Armed Forces summary trials are permissible to be conducted and the apparent reason is to maintain discipline. If a wrong doer is punished immediately it sends a message to the others not to indulge in wrong. Do we not read newspaper articles and opinions on the adverse impact by delayed convictions for the reason the incident for which a person is convicted fades from the public memory and a conviction does not serve as a deterrent to others. Thus, merely because the authorities hurried up the procedural matters concerning petitioner's right to nominate a friend of the accused, we find no wrong done.
31. The third submission advanced by the petitioner is based upon an incomplete reading of the BSF Act, 1968 and the Rules framed thereunder in the year 1969.
32. Chapter V of BSF Act (Sections 57 to 63) deals with arrest of an accused person before trial. Section 57 of BSF Act empowers the superior officer of a person who has been charged with commission of an offence to place him under arrest. Chapter V of BSF Rules (Rules 31 to 40) makes provisions of arrest of the accused persons. Rule 38 of the BSF Rules relates to the arrest of an accused person on commencement of his trial. In view of provisions of Section 57 of BSF Act, the Commandant of petitioner was empowered to order that the petitioner be placed under closed arrest before the commencement of his trial.