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Accused to stay in IAF custody, nod for police probe
N Sundaravadivelu, counsel for Harmukh, said that the IAF has started a court of inquiry. “They will issue summons for a court martial soon,” he said.
The principal district court in Coimbatore allowed the Indian Air Force (IAF) to continue with custody of flight lieutenant Amitesh Harmukh, accused of raping a woman colleague, under the Air Force Act, 1950 and also the local police to proceed with their investigation in the rape case.
On Saturday, the court, while hearing the petition filed by the Coimbatore police against the lower court’s September 30 order, directed the Indian Air Force (IAF) authorities “to provide a feasible atmosphere on campus for the privacy of police enquiries” that will have to go on “without interruption”.
“The Revision Petitioner (Coimbatore Police) is permitted to proceed with their investigation and that the accused would only be under the custody of Air Force Authority and that proper intimation to be given well in advance for investigation of the accused by the police to the respondent (Air Force Authority)...,” the court said in its order on Saturday. The court added that the police after completion of the probe, shall prepare two sets of material evidence and one of which should be produced to the court martial for trial under the Air Force Act. “It is left open for the revision petitioner (local police) to seek appropriate direction after the disposal of the case by the court-martial, as per section 126 of Air Force Act, that a person convicted or acquitted by a court martial may, with the previous sanction of the Central government, be tried again by a criminal court for the same offence or on the same facts,” the order read.
N Sundaravadivelu, counsel for Harmukh, said that the IAF has started a court of inquiry. “They will issue summons for a court martial soon,” he said.
The city police said that they are awaiting a detailed order. “The revision application was to set aside the order of the magistrate. Our investigations will continue and we will examine the detailed order once it is received,” said a senior police official, requesting anonymity.
Police arrested 29-year-old Harmukh on September 25 after the 28-year-old woman officer filed an FIR on September 20 saying she was unhappy with the action taken by the IAF authorities. The assault took place on September 10. The arrest was challenged by Harmukh and the IAF. On September 30, the judicial magistrate’s court in Coimbatore decided to hand over the custody of Harmukh to the IAF. On October 7, the Coimbatore city police filed a petition before the district court challenging lower court’s order.
