High Court upholds BSF rule on access to court-martial proceedings
Srinagar, Oct. 24 -- The High Court of Jammu & Kashmir and Ladakh has upheld the constitutional validity of Rule 129 of the Border Security Force (BSF) Rules, 1969, ruling that the non-supply of certified copies of court-martial proceedings before confirmation of a finding and sentence does not, by itself, violate an accused person's fundamental right to a fair trial.
A Division Bench comprising Chief Justice Dr Pushpendra Singh Bhati and Justice M. A. Chowdhary allowed an appeal filed by the Union of India and other BSF authorities, setting aside a Single Judge's judgment dated April 28, 2022, which had declared Rule 129 unconstitutional and directed the General Security Force Court (GSFC) to resume proceedings from the stage of prosec...
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