Court upholds Centre's decision to dismiss BSF soldier

Court upholds Centre's decision to dismiss BSF soldier

A bench of justices Pradeep Nandrajog and Sunil Gaur dismissed a plea of constable Rana Pratap Singh, who was posted along the Indo-Bangladesh border at BOPs Soldighi and Nayabari at the time of incident, challenging the department's decision to sack him for the murder.

"Finding no merit in the writ petition we dismiss the same, but without any order as to costs," the bench said while rejecting the constable's argument that the villagers had abused as well as beaten him up.

"We may only highlight that the manner in which the petitioner (Singh) claims to be hit on his head and thereby losing consciousness and he not knowing how his rifle was used, is not believable for the reason he never cross-examined the eye witnesses by putting his version as aforesaid," the bench said.

According to the charge sheet against Singh, on November 16, 2008 DIG R Chandra had received a telephone call from the Sector Commander, Bangladesh Rifles(BDR) that a BSF personnel had entered into Moyanagri village in Bangladesh and fired indiscriminately at villagers, leaving three persons dead including Mohammed Mustafa, a woman identified as Majeedia Begum and her eight-month-old son Mamoon. Begum's husband was seriously injured in the firing.

The BDR sector commander had also informed that villagers had overpowered and beaten Singh, who was rescued by jawans of BDR and admitted at a local hospital in Bangladesh.
On October 28, 2009, the General Security Court had found Singh guilty and sentenced him to life besides dismissing him from service.

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