Supreme Court Directs Army Commando to Surrender in Dowry Death Case Despite Military Service Claim.

The petitioner, represented by Senior Advocate Vikram Chaudhri, emphasized his military background, stating that he had served as a Black Cat commando in the Rashtriya Rifles for over two decades and had participated in the recent Operation Sindoor against Pakistan. However, a Bench comprising Justices Ujjal Bhuyan and K Vinod Chandran firmly dismissed this argument.

“Your elite military training only shows that you were physically capable of committing the act. That doesn’t grant you immunity to commit atrocities at home,” the Court observed, stressing the gravity of the offence.

Court Rejects Plea for Exemption from Surrender

The petitioner’s plea for protection from surrender was categorically denied. The Court clarified that such exemptions are typically granted in minor offences with lesser sentences, not in cases involving severe punishment like a ten-year rigorous imprisonment upheld by the High Court.

“This is a serious case involving the brutal strangulation of your wife. Exemptions are for offences with lighter punishments, not such heinous crimes,” the Court said.

Allegations and Defence

Chaudhri argued that the charge was not for murder under Section 302, but for dowry death under Section 304B, with allegations centering around a demand for a motorcycle. He also pointed out that the witnesses were close relatives of the deceased and claimed inconsistencies in their statements.

Despite these submissions, the Court maintained its stance. “We are willing to issue notice on the Special Leave Petition (SLP), but the request for exemption from surrender cannot be entertained,” the bench said.

Limited Relief Granted

Though unwilling to extend protection, the Court allowed the petitioner two weeks to surrender. When counsel requested an additional week due to the petitioner’s current military deployment, the Court refused.

“Two weeks is enough. Operation Sindoor is over,” the Court concluded.