Harassing fellow constable's wife undermines mutual trust in forces: Delhi HC

The Delhi HC upheld the dismissal of a BSF personnel found guilty of utraging the modesty of a fellow constable’s wife

Outraging the modesty of a fellow constable’s wife can severely undermine the mutual trust essential for armed forces functioning, the Delhi high court has said while upholding the dismissal of a Border Security Force (BSF) personnel found guilty of such misconduct.

The Delhi high court

A bench of justices C Hari Shankar and Ajay Digpaul in their ruling delivered on Friday said that the incident struck at the very foundation of brotherhood, which unites the members of the force and is indispensable for maintaining morale and cohesion within the units.

The dismissal had stemmed from a complaint by another BSF constable to the unit’s Commandant in September 2003, alleging that the man misbehaved with his wife and took away some money.

A summary security force court (SSFC) found him guilty of committing theft in a dwelling house and outraging a woman's modesty under the Indian Penal Code and sentenced him to dismissal from service, in February 2004. The Reviewing Officer— Sector Headquarter Jaisalmer’s Deputy Inspector General, a month later, upheld the conviction for outraging modesty but set aside the conviction on the charge of theft. He then approached the high court seeking reinstatement in service.

In his petition, the man had asserted that he was subjected to a trial before the SSFC, despite being diagnosed with acute psychosis by the civil and BSF medical authorities. He further submitted that his right to be defended during the trial was effectively denied since he was placed under close arrest, served the chargesheet and directed to nominate a defence representative by the next day and his condition restrained him from effectively exercising his rights. He also asserted that the trial was without jurisdiction since the alleged act constituted a civil offence which could be tried by a criminal court and not SSFC.

While the Centre represented by standing counsel Bhagwan Swarup Shukla opposed the petition contending that the trial before the SSFC was in accordance with the procedure, established under the BSF act and the rules and no rights were violated. He further submitted that the plea of unsoundness was an afterthought since he remained on duty and in service despite his medical condition and was neither declared insane or recommended for invalidation on medical grounds.

However, the court refused to reinstate him, saying “Having regard to the nature of the offence for which the petitioner was convicted, namely outraging the modesty of the wife of a fellow Constable within the same Battalion, we cannot ignore the grave implications such conduct has on the integrity, discipline, and mutual trust essential to the functioning of any armed force. The incident in question strikes at the very foundation of brotherhood that binds members of the Force and is indispensable for maintaining morale and cohesion within units stationed.”

In its 27-page verdict, the court further held that failure to take strictest disciplinary action against an offence committed within the living quarters and targeting a serving BSF personnel's immediate family would not only send the wrong message but also undermine the institutional discipline of the armed forces.

“If such acts, committed within the living quarters and directed towards the immediate family members of a serving BSF personnel are not met with the strictest disciplinary response, it would send an entirely wrong message and question the institutional discipline that the Force is mandated to uphold,” the judgement emphasised.