HC ruling assumes significance in the light of many court martial proceedings being set aside by higher judicial forums, often on grounds of procedural infirmities

Tribune News service

Chandigarh, September 1

In a ruling that could also have implications for the defence services, the Delhi High Court has directed that officers detailed for conducting court martial proceedings in the Border Security Force (BSF) be provided mandatory regular training on the subject in accordance with law.

Quashing the conviction and subsequent dismissal from service of a BSF constable by a summary security force court (SSFC) for alleged connivance in cross-border smuggling, a Division Bench of the High Court said that the officers must understand that these trials are not just mere formalities but are fundamental aspects of ensuring justice and maintaining discipline in the force by following the prescribed procedure.

The High Court’s ruling assumes significance in the light of many court martial proceedings in the armed forces as well as central armed police forces being set aside by higher judicial forums, often on grounds of procedural infirmities. There have been several instances in the past where the Supreme Court as well as the High Courts and the Armed Forces Tribunal have critically commented on the manner in which trials by the forces have been conducted.

Military courts are not a permanent fixture but assembled only for conducting a particular trial. Members of the court who are nominated for the purpose are not legally qualified or experienced, and are drawn from within the formation conducting the trial, though there is a law officer, the judge advocate, who assists and guides the court on legal aspects and procedures. The rationale behind assembling such courts in the forces is that a person accused of any offence should be adjudged by his peers. Courts martial, of which there are several kinds, are an important instrument of enforcing discipline.

“The provisions providing for other kinds of Security Force Courts which lay down more elaborate procedures 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 implication not only for the officer involved but for this entire family,” the Bench of Justice Shalinder Kaur and Rekha Palli said in their order of August 28.

“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 Bench added. “Failure thereof, will only result in miscarriage of justice, for both the individuals as well as the Force,” the Bench asserted.

The Bench also observed 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. It also noticed that despite there being no urgency, SSFC proceedings are being conducted in almost every case as a matter of routine.