Petitioner, an ex-BSF Constable sentenced to life imprisonment, filed a writ petition challenging the General Security Force Court's findings after they were upheld in a prior writ petition. The court dismissed the petition based on principles of res judicata as the pleas could not affect the court's jurisdiction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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+ WRIT PETITION (CIVIL) No. 7758/2017
Date of decision: 4th September, 2017
EX- CT. RANA PRATAP SINGH ..... Petitioner
Through Mr. L. Ojha & Mr. Akash Ojha, Advocates.
versus
UNION OF INDIA AND ANR. ..... Respondents
Through Mr. Ankur Chhibber, Advocate.
CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE NAVIN CHAWLA
SANJIV KHANNA, J. (ORAL):
This is the second round by the petitioner, who is an exConstable in the Border Security Force (BSF).
W.P. (C) No. 7758/2017 Page 1 of 3
and sentenced to suffer imprisonment for life and dismissal from service.
W.P. (C) No. 7758/2017 Page 2 of 3
General Security Force Court trial and thus there was violation and contravention of Rule 60. It is submitted that Rajesh Kumar Sahay though a prosecutor should be treated as “officers serving on court” under Rule 60. Reliance is placed on Balwinder Singh versus Union of India and Others , 172 (2010) DLT 200 (DB).
SANJIV KHANNA, J.
NAVIN CHAWLA, J.
SEPTEMBER 04, 2017 VKR
W.P. (C) No. 7758/2017 Page 3 of 3
1 issue framed by the court
Whether a petitioner can raise contentions of violation of Rules after the impugned orders have attained finality in a prior writ petition.
Colour shows how this judgement treated each authority
Balwinder Singh versus Union of India and Others, 172 (2010) DLT 200 (DB)Relied on¶23
Rana Pratap Singh
Union of India
Sanjiv Khanna
Navin Chawla
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
