No one can be punished for same offence twice

HC quashes CRPF soldier’s dismissal
 J&K High Court, Srinagar
J&K High Court, SrinagarMubashir Khan/GK File

Srinagar: Underscoring that no one can be punished for the same offence twice, the High Court of J&K and Ladakh has quashed an order by which a CRPF soldier was dismissed from services thirteen years ago.

A bench of Justice Wasim Sadiq Nargal while allowing a petition by the soldier Muhammad Amin Wani, said that the order of dismissal issued by DIG CRPF concerned “cannot sustain the test of law.”

Setting aside the order dated 15 June 2009 by virtue of which Wani was dismissed from service, the court said the same could not sustain the test of law as it was shockingly disproportionate to the misconduct.

“The order has been passed in contravention of the provisions of Clause (2) of Article 20 of the Constitution of India as (Wani) has been punished for the “same offence twice which falls within the realm of double jeopardy, since he has already undergone the punishment.”

Wani in his plea stated that during his State Assembly election duties at Sultanpur, Uttar Pradesh, there was some incident following which he came to be inflicted with the punishment of “confinement to Quarter Guard for 28 days w.e.f. 5th June 2008 to 2nd July 2008 without salary and allowances.”

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