Q: Discuss the citation of B.S. Hari Commandant v. Union of India and Ors ?

Ans: 

B.S. Hari Commandant v. Union of India and Ors

The Supreme Court on Thursday(April 13) set aside the judgement and the order of the Punjab & Haryana High Court which upheld the conviction of an Ex-Commandant of BSF under various provisions of BSF Act and NDPS Act, on the ground that there was no direct and cogent evidence against him.
The division bench of Justice Krishna Murari as well as Justice Ahsanuddin Amanullah noted that in the absence of direct and cogent evidence against the appellant, even if the GSFC was convinced of the appellant’s guilt, the punishment handed out was too harsh, paying heed that the appellant would, even then, be a first-time delinquent, and not a habitual offender. Arguendo, that there be some resemblance of truth in the allegations, the punishment meted out, in our considered view, was disproportionate.”

Thus, the honourable Supreme Court set aside the impugned judgment and order of the Punjab & Haryana High Court as well as the conviction and sentence awarded by the GSFC.
It further held that the appellant is held entitled to full retiral benefits from the date of his superannuation till date and also directed that all payments outstanding to him shall be processed as well as be made within twelve weeks.
The appellant was represented by Vivek Singh AOR.  

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