ROHTASH KUMAR GODARA vs BORDER SECURITY FORCE

Judgment text excerpt

$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 27th January, 2025 + W.P.(C) 467/2025 ROHTASH KUMAR GODARA .....Petitioner Through: Dr. Surender Singh Hooda, Adv versus BORDER SECURITY FORCE .....Respondent Through: Ms. Nidhi Raman, CGSC with Mr. Ankur Yadav & Mr. Zubin Singh, Advs. for R-1 & 2. Mr.Hemender singh, (DC) BSF. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (ORAL) 1. This petition has been filed by the petitioner, praying for the following reliefs: - “Issue a writ, order or direction in the nature of mandamus thereby directing the Respondent to suspend the Petitioner’s sentence of imprisonment in terms of Section 130 of the Border Security Force Act, 1968 and release the Petitioner forthwith till such time the Petitioner’s Statutory Petition against the findings and sentence dated 30.07.2024 passed by the Ld. GSFC is decided and a further period of 15 days in the event the Petitioner’s Statutory Petition is not allowed in order for the petitioner to avail subsequent remedy” Signature Not Verified Digitally Signed W.P.(C) 467/2025 Page 1 of 3 By:NEELAM Signing Date:31.01.2025 16:28:03 2. The petitioner has been convicted by the General Security Force Court (GSFC) for the offences punishable under Section 354/448 of the Indian Penal Code (IPC), and by an Order dated 30.07.2024, the petitioner has been sentenced to undergo Rigorous Imprisonment of two years along with dismissal from Service. 3. The pre-confirmation petition filed under Section 117 (1) of the Border Security Force Act, 1968 (BSF Act) read with Rule 167(1) of the Border Security Force Rules, 1969 (BSF Rules), has also been rejected. 4. The learned counsel for the petitioner submits that the petitioner has submitted a post-confirmation