HYDERABAD: The cops wanted to arrest him but IAF officials said no. In what has turned out to be a showdown between the two agencies, a Punjab police team that landed at Air Force Station, Begumpet, few days ago to arrest a serving employee, his wife and son on dowry harassment and cruelty charges was prevented from doing so by the air force officials.
Monika Sharma, an employee of State Bank of India (SBI), hailing from Patiala, got married to Vishal Sharma on February 1, 2013. A few months later, Monika charged her husband, father-in-law VK Sharma and mother-in-law Usha Sharma with dowry harassment and cruelty and lodged a complaint to this effect with the Patiala police. Based on her complaint, the cops registered an FIR on December 4, 2013 and a warrant for his arrest was issued on December 19.
However, when the Punjab Police team arrived in Hyderabad and went to the air force station on December 26 to arrest the three persons, they were prevented from doing so. "We were stopped at the Begumpet Air Force station gate. IAF is a huge organization and we are humble Punjab Police employees. We were told that Air Force rules and laws are different and that we cannot arrest them," said ASI Gurdev Singh, adding that IAF officials did not cooperate in executing the search and arrest orders and on the contrary prevented them from doing the same.
Monika charged that besides VK Sharma, the station commander did not allow the arrest of her mother-in-law Usha Sharma and her husband Vishal, who is employed with a private firm at Hi-tech city. "Officially, Vishal stays elsewhere but has taken refuge in his parents' house inside the IAF station in order to evade arrest," Monika alleged.
The IAF officials instead have given an undertaking to the Punjab police officials that all the three accused will appear before the concerned Patiala court on January 10, 2014. The assurance letter dated December 26, 2013, addressed to Patiala SSP Hardiyal Singh Mann by Group Captain Satish Balachandran, chief administrative officer at Begumpet Air Force Station, said Sharma has been informed and briefed about the pending warrant. "It is hereby assured that he will be granted leave from this office to present himself before the court of Ms Pavleen Singh, Judicial Magistrate Ist Class, Patiala on Jan 10, 2014 at 1000 hrs. without fail," it said.
However, both police officials and Monika's family members are up in arms over the air force officials not allowing Punjab police cops to arrest the three accused. When contacted, Patiala SSP H S Mann told TOI that the IAF has no power to interfere in the Code of Criminal Procedure. "Sections in the FIR are for criminal breach of trust, violence and cruelty and for restoration of 'istridhan' but the police team was not allowed to carry out any search," said Monika's brother Anshu Sharma
According to advocate Gopal Krishan Kalanidhi, "Defence employees do enjoy certain privileges in respect of Section 41 of the Criminal Procedure Code, 1973. Section 45 of Criminal Procedure Code has given partial shelter to Indian armed forces from being arrested and that too in two conditions. 1 ) The officer facing a Bailable or Non Bailable Warrant must have committed such an offence while discharging his duties 2) Prior Sanction is required from State or Central Governments.
In the case on hand, the Air Force Official has been facing a Non Bailable Warrant issued by a judicial magistrate of first class, Patiala for cited offences of 406 and 498-A and these offences have been committed by such husband and in-laws against the complainant and they are not committed in the discharge of official duties. Hence the immunity as provided under section 45 of Criminal Procedure Code, 1973 is not available to the official facing arrest.
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