Srinagar, Oct 23 (JKNS): The Division Bench of the High Court of Jammu and Kashmir and Ladakh has upheld the constitutional validity of Rule 129 of the Border Security Force (BSF) Rules, 1969, setting aside a Single Judge’s judgment that had struck down the provision governing the supply of certified copies of General Security Force Court (GSFC) proceedings before confirmation of the findings and sentence.
The Division Bench, comprising Chief Justice Dr Pushpendra Singh Bhati and Justice M.A. Chowdhary, as per news agency JKNS, passed the judgment on October 22, 2026, while allowing Letters Patent Appeal (LPA) No. 107/2022 filed by the Union of India and the BSF.
Hakim Aman Ali, Central Government Counsel, appeared for the Border Security Force.
The Court held that Rule 129 is not ultra vires Part III of the Constitution, including Article 21, and observed that denial of certified copies before confirmation of the findings and sentence does not, by itself, violate the right to a fair trial when the accused is provided an opportunity to inspect the proceedings under Rule 120.
The Bench observed that the BSF Act and Rules constitute a special statutory framework governing a disciplined armed force. It also referred to Article 33 of the Constitution, which empowers Parliament to restrict the application of fundamental rights to members of the Armed Forces and forces charged with maintaining public order to ensure the proper discharge of their duties and maintenance of discipline.
The Court relied on the Supreme Court’s judgment in *Union of India v. Ex. Flt. Lt. G.S. Bajwa* (2003), reiterating that the right to inspect relevant records can satisfy the requirements of natural justice and that there is no absolute right to obtain day-to-day or pre-confirmation certified copies of proceedings.
The case concerned Rovinder Singh, a BSF constable serving as a sweeper, who was tried by a General Security Force Court in connection with the alleged shooting of Head Constable Chander Bhan inside the BSF campus at Bandipora on November 27, 2017.
The case involved FIR No. 163/2017 under Section 302 of the Ranbir Penal Code (RPC), along with a charge of leaving a picket without orders. The accused was convicted and sentenced to life imprisonment and dismissal from service, subject to confirmation under Section 107 of the BSF Act.
During the trial, Singh had sought certified copies of the challan and statements of prosecution witnesses. The request was declined under Rule 129, which provides for the supply of such copies after confirmation of the findings and sentence.
The Single Judge, in a judgment dated April 28, 2022, had struck down Rule 129, quashed the proceedings from the stage of defence evidence and directed that certified copies be supplied before the accused entered his defence.
Setting aside that judgment, the Division Bench restored the validity of Rule 129 and directed the competent authorities to proceed in accordance with the BSF Act and Rules.
The Bench clarified that its judgment would not amount to any expression of opinion on the merits of the criminal case. (JKNS)
