The Supreme Court on Tuesday directed an army commando, convicted under Section 304B of the Indian Penal Code (dowry death), to surrender before the authorities within two weeks..A Bench of Justices Ujjal Bhuyan and K Vinod Chandran rejected his plea for exemption from surrendering during pendency of his appeal and also rejected his argument that he had taken part in Operation Sindoor, the recent military action against Pakistan. Senior Advocate Vikram Chaudhri, appearing for the petitioner, sought to underscore the petitioner’s military background.“I am a participant of Operation Sindoor. For the last 20 years, I an a black cat commando posted in Rashtriya Rifles,” he said.The bench responded sharply.“That doesn’t give you any immunity to commit atrocities at home. This goes to show how physically fit you are and the manner in which you alone could have strangulated your wife,” the Court observed..The Court was hearing a special leave petition (SLP) filed by the petitioner convicted for the death of his wife. His sentence of ten years’ rigorous imprisonment had been upheld by the High Court.The Court began by expressing concern over the allegations on record and the prayer seeking exemption from surrender. It noted that such protection was reserved for offences carrying lighter punishments.“This is gruesome. The manner in which you strangulated your wife. Exemption from surrendering is in cases where punishment is for six months, one year etc,” the bench said..Chaudhri submitted that the charge was not under Section 302 (murder) but 304B. He added that the only allegation was a demand for a motorcycle and that two witnesses cited were closely related to the deceased.“I can demonstrate… it is highly discrepant,” Chaudhri submitted..The Court said that it could consider issuing notice on the appeal but would not entertain the prayer for protection from surrender.“We can issue notice on the SLP. But don’t ask us for exemption from surrendering,” the bench remarked..The Court then granted limited reprieve.“We will issue notice on the SLP. We decline the prayer for exemption from surrendering,” the bench ordered.When Chaudhri asked for time to surrender, citing the petitioner’s current posting, the Court granted a short extension.“Alright. Two weeks’ time granted to the petitioner to surrender,” the bench directed.Chaudhri requested an additional week.“No, two weeks. There is no Operation Sindoor now,” the Court said, refusing to extend the time any further..[Read Live Coverage]
