$~R-91
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: February 17, 2014
+ W.P.(C) 7630/2002
VIJAY RAJAN P. & ORS. ..... Petitioners Represented by: Mr.Anil Gautam, Advocate
versus
UOI & ORS. ..... Respondents Represented by: Ms.Anjana Gosain, Advocate with Mr.Pradeep Desodya, Advocate and
Mr.Bhupinder Sharma,
Dy.Comdt./BSF
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MR. JUSTICE JAYANT NATH
PRADEEP NANDRAJOG, J. (Oral)
1. Heard learned counsel for the parties.
2. Section 115 and Section 116 of the BSF Act read as under:- "115. Transmission of proceedings of Summary Security Force Courts-
The proceedings of every Summary Security Force Court shall, without delay, be forwarded to the officer nor below the rank of Deputy Inspector-General within whose command the trial was held, or to the prescribed officer, and such officer, or the Director-General or any officer empowered by him in his behalf may, for reasons based on the merits of the case, but not on merely technical grounds, set aside the proceedings, or reduce the sentence to any other sentence which the Court might have passed.
116. Alteration of findings or sentence in certain cases - (1) Where a finding of guilty by a Security Force Cour