Allowing the appeal, a Division Bench of the Jammu & Kashmir and Ladakh High Court set aside the judgment invalidating Rule 129 of the BSF Rules and restarting the Security Force Court proceedings.
Judge / Bench — Chief Justice Dr. Pushpendra Singh Bhati and Justice M. A. Chowdhary
Read with the BSF Act's evidence, confirmation and review provisions and the Rules' inspection and defence safeguards, postponement of certified copies until confirmation was held constitutionally valid. Meaningful inspection at reasonable times, representation and other safeguards were central; non-supply of certified copies before confirmation did not by itself establish denial of a fair trial. Article 33 was applied within the statutory connection to duty and discipline, rather than treating force membership as eliminating Article 21. The competent authorities must proceed under the Act and Rules; guilt and punishment were expressly left unaffected by this ruling.
Case — Union of India and others v. Rovinder Singh and others · LPA No. 107/2022 · 22 October 2026 · Srinagar wing
Advocates appearing — Appellants — Mr. Hakim Aman Ali, Dy. AG. Respondents/proforma respondents — Mr. Mushtaq Ahmad Dar, Advocate.