OM PRAKASH vs UOI & ORS.

Judgment text excerpt

$~J- * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 17th December, 2025 Pronounced on : 27th January, 2026 + W.P.(C) 5290/2001 & CM APPL. 18565/2024 OM PRAKASH .....Petitioner Through: Ms. Mansi Sharma and Mr. Rehan Verma, Advocates. versus UOI & ORS. .....Respondents Through: Mr. Vikrant N. Goyal, CGSC along with Mr. Kunal Dixit and Mr. Piyush Wadhwa, Advs. CORAM: HON'BLE MR. JUSTICE DINESH MEHTA HON'BLE MR. JUSTICE VIMAL KUMAR YADAV JUDGMENT Per DINESH MEHTA, J. INDEX SL. NO. PARTICULARS PARA NO. PAGE NO. I PRELUDE 1-15 2-6 II SUBMISSIONS ON BEHALF OF THE PETITIONER 16-37 7-15 III SUBMISSIONS ON BEHALF OF THE RESPONDENTS 38-46 15-16 IV REJOINDER ARGUMENTS 47-54 16-18 V COURT’S CONSIDERATION : 55-66 19-21 (A) SCOPE OF INTERFERENCE VI DOUBTS ABOUT THE PROSECUTION STORY 67 21-22 VII PROCEDURAL LACUNAE : 68-69 22-24 (A) LACUNAE BEFORE GSFC (B) LACUNAE DURING GSFC VIII SUMMARY OF EVIDENCE 70-91 24-34 IX DISCREPANCIES IN THE EVIDENCE OF VARIOUS 92-117 34-49 PROSECUTION WITNESSES X ANALYSIS 118-127 49-51 XI CONCLUSION 128-129 51 XII RELIEFS/DIRECTIONS 130-132 52-53 Signature Not Verified Digitally Signed W.P.(C) 5290/2001 Page 1 of 53 By:NAVEEN KUMAR Signing Date:28.01.2026 11:18:15 I. Prelude:- 1. The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India seeking quashment of the proceedings of the General Security Force Court (hereinafter referred to as „GSFC‟), order dated 19.08.1992 and 20.10.1992 passed and confirmed by the Commandant, 172 Battalion and the Inspector General, BSF, respectively. 2. The petitioner, who joined Border Security Force (hereinafter referred to as „BSF‟) as a Constable in August of 1983 was promoted as a Lance Naik on 15.04.1991. While discharging his duties as Lance Naik, he was posted at