Provide training to officers for properly conducting Summary Court Martial: Delhi High Court

In a detailed judgment rendered recently, the Delhi High Court has set aside the dismissal from service of a trooper of the Border Security Force (BSF), a border guarding central armed police force of India, and held the Summary Security Force Court (SSFC) which is akin to a Summary Court Martial of the Army, which had awarded the said punishment, to have acted illegally.

Notably, the High Court has also directed that officers holding such trials must be trained in this regard to prevent miscarriage of justice. The same has been directed in the following words:

"42. Having dealt with the claims raised in the present petition, we may also note that this Court has been coming across a number of cases where the SSFC proceedings are being conducted in a lackadaisical and perfunctory manner by disregarding the rules and procedures laid under the BSF Act and Rules. 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. The provisions providing for other kinds of Security Force Courts which lay down more elaborate procedure for trial are very rarely being resorted to. This raises a serious concern as any deviation from the Rules and the laid down procedure during the trial not only compromises the rights of the accused but also results in grave injustice especially in cases where the trials, pertaining to misconduct committed by the Force personnel, ends with an award of a major penalty of dismissal from service. Such a harsh penalty can have a lifelong implications not only for the officer involved but for this entire family.

43. It, thus, becomes incumbent upon the Officers conducting the SSFC proceedings to be properly trained and sensitized of the manner in which the SSFC proceedings ought to be conducted, i.e. by giving due regard to the rules and procedures outlined in the BSF Act and Rules. 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 sensitized 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.”

A news-report on the issue in The Indian Express can be accessed here.

The full judgment can be
accessed here.