Writ petition by a former BSF Commandant challenging an order under the Border Security Force Rules and seeking release from confinement and salary. During pendency he was dismissed from service on 01.08.2023 and did not assail that dismissal, so the court found adjudication futile.
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.
$~33
VINEET SEHGAL .....Petitioner
Through: Mr. Deepak Prakash, Mr. Rahul Suresh and Mr. Rahul Lakhera, Advs.
versus
UNION OF INDIA THROUGH ITS SECRETARY MINISTRY OF HOME AFFAIRS & ORS. .....Respondents Through: Mr. Vineet Dhanda, CGSC with Mr. Abhishrut Singh and Mr. Abhijit Singh, Advs.
CORAM: HON'BLE MS. JUSTICE REKHA PALLI HON'BLE MS. JUSTICE SHALINDER KAUR
“(i) Issue an appropriate writ in the nature of mandamus or any other Writ, Order or direction, to declare Rule No. 40 (3A) of the Border Security Rules, 1969 as illegal, arbitrary and unconstitutional, being against the general principles of law as laid down by the Hon‟ble Supreme Court of India in the case of Ajay Kumar Choudhary Versus Union of India & Anr. (2015) 7 SCC 291; and/or,
(ii) Issue an appropriate writ in the nature of mandamus or any other
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/07/2024 at 15:22:48
Writ,Order or direction, to call for the records pertaining to Order dated 23.02.2022 passed by the Respondent No. 1 bearing No. C- 14011/114/2021/CC/Pers/BSF/3689-98, including the Delay Reports mandated under Rule No. 39 and Rule No. 40 A (5) of the Border Security Force Rules, 1969; and/or,
(iii) Issue an appropriate writ in the nature of mandamus or any other Writ, Order or direction, thereby declaring the Order dated 23.02.2022 passed by the Respondent No. 1 bearing no. C-14011/114/2021/CC /Pers/BSF/3689-98 and all the consequential proceedings thereof as arbitrary, illegal and against the mandate as laid down in Article 14, 21 and Article 20(2) of the Constitution of India and quash the same; and/or,
(iv) Issue an appropriate writ in the nature of mandamus or any other Writ, Order or direction, thereby declaring the operations of paragraph No. (3) of the Order dated 23.02.2022 passed by the Respondent No. 1 bearing no. C- 14011/114/2021/CC/Pers/BSF/3689-98 as illegal and arbitrary, amounting to curtailing the Right to Movement and Personal Liberty of the Petitioner, which is against the mandate as laid down in Article 21 of the Constitution of India and quash the same; and/or,
(v) Issue an appropriate writ in the nature of mandamus or any other Writ, Order or direction, to declare that the detention on 27.09.2022 and arrest on 28.09.2022 of the Petitioner and the consequential confinement of the Petitioner till date is illegal, arbitrary and against his Fundamental Rights under Article 21 of the Constitution of India; and/or
(vi) Issue an appropriate writ in the nature of mandamus or any other Writ, Order or direction, thereby directing the Respondent No.1 to release the Petitioner from confinement within the campus SHQ BSF Sirchar; and/or, (vii) Issue an appropriate writ in the nature of mandamus or any other Writ, Order or direction, thereby directing the Respondent No.1 to pay the full salary of the Petitioner with effect from 23.02.2022; and/or,
(viii) Issue an appropriate writ in the nature of mandamus or any other Writ,
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/07/2024 at 15:22:48
Order or direction, to initiate disciplinary actions against the Respondent No. 2 herein, for acting in violation of the Border security Force Act and Rules, 1969.”
REKHA PALLI, J
SHALINDER KAUR, J
JULY 10, 2024 SU
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/07/2024 at 15:22:48
1 issue framed by the court
Whether reliefs sought regarding detention and BSF Rules remain relevant after the petitioner's dismissal from service during pendency.
1 provisions across 1 enactments
Vineet Sehgal
Union of India through its Secretary Ministry of Home Affairs
Rekha Palli
Shalinder Kaur
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
