In Brief
Baksish Ahmad, a Border Security Force member, was dismissed in 2022 for contracting a second marriage without permission while his first marriage subsisted. After his statutory appeal was rejected by the Inspector General in Jammu & Kashmir, he sought judicial review in the Delhi High Court, citing the presence of BSF headquarters and the Ministry of Home Affairs there. The Delhi High Court dismissed his petition, invoking the doctrine of forum non conveniens, reasoning that the cause of action arose entirely in West Bengal and Jammu & Kashmir. The Supreme Court allowed his appeal, holding that the Delhi High Court possessed jurisdiction under Article 226(1) of the Constitution based on the respondents' headquarters location. The Court ruled that invoking forum non conveniens to deny access to justice when official records are centrally maintained would be self-defeating and obstructive to judicial review. The writ petition was restored for hearing on merits.
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