The Supreme Court on Tuesday refused to grant an exemption from surrender to a former Black Cat Commando convicted in a dowry death case, dismissing his argument that his service in Operation Sindoor and 20 years in the Rashtriya Rifles should grant him leniency.
A bench of Justices Ujjal Bhuyan and Vinod Chandran rejected his plea, emphasizing that military service does not provide immunity from serious criminal offenses.
The court upheld the Punjab & Haryana High Court’s decision, which had confirmed his 10-year rigorous imprisonment for strangling his wife under Section 304B (dowry death) of the IPC.
Petitioner’s Argument & Court’s Stern Response
The convict, through his counsel, pleaded for exemption from surrendering until the Supreme Court decided his Special Leave Petition (SLP).
He cited his participation in Operation Sindoor and his two-decade service as a Black Cat Commando as grounds for relief.
However, Justice Bhuyan firmly responded, “That doesn’t give you immunity from committing atrocity at home. This goes to show how physically fit you are, and the manner in which alone you could have killed your wife, strangulated your wife.”
The bench noted that exemptions are usually granted in minor sentences (6 months to 1 year), not in gruesome crimes like dowry death.
High Court’s Conviction Upheld
The Punjab & Haryana High Court had earlier dismissed the convict’s appeal, observing that the evidence clearly established his guilt. The Supreme Court agreed, with Justice Chandran stating, “The High Court has dismissed your appeal. You are here on special leave.”
The defense argued that the case rested on discrepant testimonies of two relatives of the deceased, who alleged a demand for a motorcycle as dowry. However, the court found this insufficient to grant relief.
Court’s Final Order
The bench issued notice on the SLP, giving the state six weeks to respond. However, it refused to stay the surrender, directing, “We decline the prayer for exemption from surrendering.”
On the convict’s request for additional time, the court allowed him two weeks to surrender.
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