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Judgment
Tejinder Singh Doabia, J.—The short submission made by the learned counsel for the petitioner is that the speed within which the Summary
Security Force Court, was held shows that there was complete denial of Principle of natural justice. It is submitted that within a short period of 40
minutes the proceedings were over. The proceedings which were taken by Mr. B.N. Dubey, Offg. Commandant are being quoted below :
The following prosecution witnesses were heard by me in the presence of the accused who was given full opportunity to crossexamine each of
them :
Date on which the witnesses were heard orally by Court. Particulars of the prosecution witness. Description of documentary evidence produced (if
any) Whether the accused has cross examined the witness or declined to cross examine (State only) `yes' or declined before each witness.
(1) (2) (3) (4)
7.11.94 1) Sh. A A SHIEKH, AC IRLA4986 Declined
2) No. 75102483 NK A.P. SWAMY Declined
3) No. 72001567 HC RAMESH SINGH Declined
4) No. 86161395 CT ROHAN PRASAD Declined
5) No. 69198125 ASI/RO RANJIT SINGH Declined
6) No. No. 86043202 CT PAWAN KUMAR Declined
7) No. 86043202 CT JAG JIVAN LAL Declined
The accused is informed that he is at liberty to make a statement in his defence. The statement made by the accused (if any) is attached as
annexure II to this form.
On conclusion of the hearing of the charge, I have given the following orders :
i) Order : Suffer reduction of rank to LNK
ii) Date of Order 07.11.94.
A perusal of the above, would indicate that seven witnesses were supposed to be crossexamined. There statements were also to be read. No
doubt in the column (4) of the above order, it is mentioned that the petitioner had declined to crossexamine the witnesses, yet calling of seven
witnesses and reading their statements definitely would take more than 40 minutes. The stand of the petitioner in para ""3"" of the petition is specific.
It is stated that Summary Security Force Court proceedings lasted only in 40 minutes. This aspect of the matter is not being denied by the
respondents. In this situation, this petition is disposed of with a direction to the respondents to afford an opportunity to the petitioner. The order of
punishment is according quashed. The respondents would pass fresh orders in accordance with law. Proper opportunity be given to the petitioner
to defend himself.
Disposed of accordingly.