SC rejects plea against reversal of dismissal of BSF constable who clicked picture of a lady doctor during her bath

The Supreme Court has rejected a plea by the Centre against an order to reinstate a BSF constable dismissed from service for clicking picture of a lady doctor during her bath.

A bench of Justices J B Pardiwala and Manoj Misra dismissed the appeal by the Union government against the Delhi High Court's 2013 order, which allowed a writ petition filed by Jogeshwar Swain against his termination.

"When the original petitioner had raised a plea before the High Court that his confession was involuntary and that in fact no confession was made by him, there was a serious burden on the non-petitioners (i.e., the appellants herein), to satisfy the conscience of the High Court that there had been due compliance of the procedure and that the confession was made voluntarily,” the bench said. The court noted that the record contained no worthwhile evidence regarding the guilt of the original petitioner.

It also went through minutes of the proceedings before Summary Security Force Court, which recorded the plea of guilt by the constable but not bearing his signature.

"In our considered view, the High Court was justified in finding the dismissal of the original petitioner on the basis of the plea of guilty unwarranted and liable to be set aside," the bench said.

It was alleged the constable was posted as a security aide to the lady doctor. He clicked pictures of that lady doctor while she was taking her bath at about 7:45 pm on June 17, 2005.

The authorities dismissed him from service for committing an act prejudicial to the good order and discipline as he pleaded guilty to the charge.

Upon examining the details, the court noted the camera was found hidden in the house of another constable and the reel was also not developed.

"In these circumstances, where was the occasion for the original petitioner to make confession of his guilt when there was hardly any evidence against him? Admittedly, none had seen him clicking photographs and the lady doctor also did not inculpate the original petitioner though she might have suspected the original petitioner," the bench said.

On the fateful date, the constable who was then 31-year-old and 11 years into the job, was at duty at the house of the doctor who asked  him to leave her quarter as she were to take a bath. She noticed two camera flashes through the window of her bathroom. She raised an alarm and her mother went out but could not find anyone.