Roshan Singh v. Union of India and Ors.

Delhi High Court · 20 Jan 2022 · 2022:DHC:258-DB
Manmohan; Navin Chawla
W.P.(C) 220/2022
2022:DHC:258-DB
administrative petition_dismissed

AI Summary

The Delhi High Court declined to suspend the petitioner’s sentence and directed the Director General, BSF to expeditiously decide the pending applications under the BSF Act, leaving the merits open.

Full Text
Translation output
W.P.(C) 220/2022
HIGH COURT OF DELHI
W.P.(C) 220/2022
ROSHAN SINGH .....Petitioner
Through Mr.AbhayKumarBhargava, Advocate.
VERSUS
UNION OF INDIA AND ORS. ..... Respondents
Through Ms.Nidhi Raman,CGSC with Mr. Zubin Singh,Advocate Adv. For
Respondent no.1 to 4/UOI
Date of Decision: 20th January,2022
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
JUDGMENT
MANMOHAN,J (ORAL)
C.M.No.3540/2022

1. The matter has been heard by way of video conferencing.

2. Present application has been filed seeking directions to the Respondentsto suspend the sentencespassed against the Petitioner in the revision proceedings dated 08th and 9th November,2021 and as confirmed by the order dated 07th December 2021 passed by the confirming authority.

3. Issue notice. Ms.Nidhi Raman,CGSC accepts notice on behalf of the Respondents. She states that thePetitioner’sapplication for suspension of sentence is pending consideration before the Director General, BSF and is 2022:DHC:258-DB W.P.(C) 220/2022 likely to be disposed of shortly.

4. A perusal of the paper book reveals that the Petitioner’s petition under Section 117(2) of the BSF Act is also pending consideration before the Director General,BSF.

5. Consequently, not only the present application but also the main writ petition is disposed of with a direction to the Director General, BSF to decide both the Petitioner’s application for suspension of sentence as well as the petition under Section 117(2) of the BSF Act, as expeditiously as possible, preferably within four weeks. This Court clarifies that it has not commented on themerit of thecontroversy. The rights and contentions of all the parties are left open.

6. The next date of hearing stands cancelled. MANMOHAN,J NAVIN CHAWLA, J JANUARY 20, 2022 KA