Ensure parity of punishment for same offence: Delhi High Court

The Delhi High Court, in a recent judgment has held that troopers/members of different Central Armed Police Forces (CAPFs) cannot be punished with differential punishments for the same offence arising out of the same cause of action.

In the case, for an interconnected offence, a member of the Indo-Tibetan Border Police (ITBP) was merely severely reprimanded while members of the Central Industrial Security Force (CISF) were removed from service.

Citing caselaw on the subject, the High Court observed:

“From a reading of the aforesaid decision, what emerges is that when several individuals are involved in the same incident, parity regarding punishment is to be maintained, which should not be disproportionate while comparing the role of each individual, who are parties to the same transaction or incident.”

The judgment and a detailed exposition on the case has been reported by Verdictum and can be accessed here.