punishment of Border Security Force personnel or officer by a Security Force Court. Where both Security Force Court and ordinary criminal court have jurisdiction ... award on e of the summary punishments or , try the accused by the Summary Security Force Court if he is so empowered and lastly
Border
Security Force, respondent no.2 herein, upholding the same.
2. The petitioner was enrolled as a constable with the Border
Security Force Court ... Border Security
Force. Section 70 of the Border Security Force Act, 1968 (BSF Act
hereafter) provides the constitution of a Summary Security Force
Court (`SSFC
General Security Force or Petty Security Force
Court wherein the Court would comprise of 5 members and 3 members
respectively. The Summary Security Force Court ... three kinds of Security Force Courts,
namely, (1) General Security Force, (2) petty Security
Force Court, and (3) Summary Security Force Court, but it
could
hear the charge and award a summary punishment
or iii) try the accused by a Summary Security Force Court ("SSFC") where ... General Security Force Courts;
(b) Petty Security Force Courts; and
(c) Summary Security Force Courts.
******* *************
70. Summary Security Force Court.--
(1) A Summary Security Force
namely, (1) General Security Force Court, (2) Petty Security ForceCourt, and (3) Summary Security Force Court. Therefore, not only the petitionercould be tried ... Security force Courts and punished of the same offence for which he has beennow tried and punished by the Summary Security Force Court
charge and award one of the
summary punishments; or (iii) try the accused by a Summary Security
Force Court where he is empowered ... Summary Security Force Court may be held by the Commandant
of any unit of the Force and he alone shall constitute the Court. When
former constable of
Border Security Force (BSF), impugns the finding and sentence of a
Summary Security Force Court (SSFC) held by the Commandant, 173rd
Battalion ... March, 1998
itself, on 1100 hours, Summary Security Force Court was convened to try
the petitioner. According to the petitioner, by holding the Summary
Security
Security Force
Court or by a criminal court he cannot be tried again for the same offence
by a Security Force Court.
B Section ... Security Force Court shall not ordinarily try a person
without first obtaining sanction from the officer empowered to convene a
Petty Security Force Court
involving simple hurt or theft are
amenable to summary trial by the Summary Security Force Court. The
Signature Not Verified
W.P.(C) 1024/2010 ... triable by a Security Force Court. However, the
issue is not whether the petitioner could be tried by a Security Force
Court generally, but whether
MISRA
ANIL KUMAR, J.
*
1. The petitioner has challenged the Summary Security Force Court
trial conducted against him and his consequent dismissal from service ... Security Force Court is concerned, this Court in judicial review of the
decision of SSFC Court will not take over the function of SSFC Court