https://www.taxtmi.com/caselaws?id=261257 The statutory definition of "active duty" under the Border Security Force Act was held to extend beyond border patrol or enemy operations where a Central Government notification declared the relevant period as active duty; the accused personnel therefore fell within that enlarged definition, and the bar under Section 47 did not prevent trial by a Security Force Court. However, the choice of forum under Section 80 had to be exercised in conformity with Rule 41 and the statutory criteria, and no adequate basis was shown for sending the matter to the Security Force Court. The forum order was therefore unsustainable and was set aside, with liberty to reconsider the issue afresh. en-us Thu, 25 Apr 2013 00:00:00 +0530 Mon, 06 Jul 2015 12:35:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=261257 The statutory definition of "active duty" under the Border Security Force Act was held to extend beyond border patrol or enemy operations where a Central Government notification declared the relevant period as active duty; the accused personnel therefore fell within that enlarged definition, and the bar under Section 47 did not prevent trial by a Security Force Court. However, the choice of forum under Section 80 had to be exercised in conformity with Rule 41 and the statutory criteria, and no adequate basis was shown for sending the matter to the Security Force Court. The forum order was therefore unsustainable and was set aside, with liberty to reconsider the issue afresh. Case-Laws Indian Laws Thu, 25 Apr 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=261257