Supreme Court of India · 2002-11-22
O.P. DAHIYA vs U.O.I. .
- Citation / case number
- SC 1993/82367
- Court
- Supreme Court of India
- Petitioner
- O.P. DAHIYA
- Respondent
- U.O.I. .
- Author
- SANTOSH HEGDE
- Bench
- N.SANTOSH HEGDE & B.P.SINGH.
Judgment text excerpt
The appellant challenged the dissolution of a General Security Force Court and the subsequent order for a re-trial under Section 71(3) of the Border Security Forces Act. The appellant contended that a fresh trial would cause prejudice and constitute double jeopardy. However, the Court upheld the dissolution, noting that the order was prompted by the appellant's own allegations regarding the unfairness of the Law Officer, thus ensuring a fair trial.