Delhi HC seeks reply from Army, BSF on arrest after court martial

By: Express News Service | New Delhi |

November 14, 2020 2:05:20 am





The bench also said it is deemed apposite to address the question in the petitions pending before it “so that if any corrective steps are required to be taken, the same are taken immediately before anyone else is deprived of liberty”.

THE DELHI High Court has asked the Army and the BSF to file their reply regarding a question raised in a case on whether a member of the force is to be arrested soon after sentencing in a court martial or Summary Security Force Court (SSFC), or whether it requires further confirmation from an authority.

“Since the matters concern the liberty of individuals, we are concerned that the liberty should not be curtailed, save by a final order. Prima facie, it appears that the order under the Army Act as well as BSF Act does not attain finality till confirmed/countersigned; before that the term of the punishment of imprisonment cannot be commenced,” the division bench of Justices Rajiv Sahai Endlaw and Asha Menon said in an order.

The bench also said it is deemed apposite to address the question in the petitions pending before it “so that if any corrective steps are required to be taken, the same are taken immediately before anyone else is deprived of liberty”.

The court had earlier noted that…

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