SC raps Centre for demoralising forces --The Pioneer—17.10.11

Acquits BSF constable for killing a smuggler in self-defence

Centre's attempt to convey C that no “trigger happy“ culture would be tolerated among security forces was rejected by the Supreme Court, which turned down its decision to dismiss a soldier of the Border Security Force (BSF) for killing a smuggler in self-defence.

Finding no reason to doubt that the soldier in question, former constable Rajesh Kumar, had fired in self-defence, the court upheld his acquittal by the Delhi High Court and ordered his reinstatement in the BSF.
The Bench of Justices RM Lodha and JS Khehar did not find any reason behind the Centre's decision to appeal against the BSF man's acquittal.

However, for the fact that he shot three bullets at the smuggler Japani Chaudhary made the Centre cry foul that the use of force was excessive.
Arguing for the Centre, Additional Solicitor General (ASG) Indira Jaising argued that Kumar was a “trigger happy“ cop and punishing him would send the right signal to others in the force.

With the appeal against the January 25 order of the HC coming up for hearing for the first time on Friday, the Bench failed to see any reason behind this argument. Wondering what impact the Centre's stand would have on the morale of the force, the Bench observed, “How is a soldier to know if he is to fire once or thrice. And can he be at fault if he fired thrice.“ On this ground alone, the judges dismissed the appeal and directed implementation of the HC order.

The story of Kumar reveals a rather pathetic state of affairs prevailing among the country's top border force. His lawyer Rekha Palli had pointed out that though the incident was of July 2002, no action was initiated against him for seven years till a decision was taken to try him for murder offence by the General Security Force Court.

For nine years, Kumar underwent a lot of trauma and guilt for an act which he thought was in national interest. He was posted with BSF's 63rd Battalion at post Ashrafpur, known for its notoriety in smuggling illicit liquor into Bangladesh.

When he saw a group of women carrying cans, he doubted them to be a band of smugglers. His suspicion proved right as on being confronted they threw stones and sickles at him. Although the attackers were situated atop a slope, Kumar fired in selfdefence killing one woman of the gang.

The High Court which exonerated him of all charges took note of the height disadvantage coupled with the fact that only on being attacked he opened fire. Moreover, it was a self-loading rifle and only when the situation was life-threatening, he fired, a fact which the High Court said was not taken into account by the BSF while holding him guilty. ARGUING FOR THE CENTRE, ADDITIONAL SOLICITOR GENERAL INDIRA JAISING ARGUED THAT KUMAR WAS A `TRIGGER HAPPY' COP AND PUNISHING HIM WOULD SEND THE RIGHT SIGNAL TO OTHERS IN THE FORCE