A division bench of justices Pradeep Nandrajog and Manmohan Singh ordered reinstatement of BSF constable Umesh Prasad with all consequential benefits, setting aside the Summary Security Force Court's June 4, 1999 order, which held him guilty and dismissed him under the BSF Act.
The court gave the verdict accepting Prasad's argument that he was implicated in the case besides he never pleaded guilty and his signature was not taken on his plea of guilt.
"The facts of the case that signatures of the petitioner (Umesh) was not obtained beneath the plea of guilt and the petitioner's stand that he never pleaded guilty ... Compels us to allow the writ petition and quash the conviction and sentence imposed upon the petitioner.
"As a consequence, we direct the petitioner to be reinstated in service with all consequential benefits," the bench said while declining BSF's plea to order fresh trial of the case.
The bench relied on the BSF court records pertaining to the recording of evidence (ROE) and accepted Prasad's claim that ROE was prepared at his back as he did not cross-examine any witness and his signatures were not there in the ROE.(More)