The judicial magistrate’s court in Tamil Nadu’s Coimbatore district has decided to hand over the custody of Flight Lieutenant Amitesh Harmukh, accused of rape by a woman officer, from judicial to the Indian Air Force (IAF), according to people aware of the matter.
The 28-year-old woman accused Harmukh, 29, of raping her while she was passed out in her room on the night of September 10. They were both training in the Air Force Administrative College in Coimbatore since August. The victim first complained to the institute, and after she was unhappy with its proceedings, filed an FIR with the Coimbatore commissioner on September 20.
An all-women police station in Coimbatore’s Gandhipuram arrested Harmukh on September 25. The arrest was challenged by Harmukh and IAF as a “transgression of jurisdiction”. After hearing the police, the counsel for the accused, and IAF representatives, the court on Monday extended his custody until September 30.
“Now the court has transferred the custody of the accused to IAF authorities,” advocate Sundaravadivelu, representing the accused, said on Thursday.
“Today, the custody was changed as per the order. Now they will have a court of enquiry and they will summon a court-martial.” The order was not uploaded on the court’s website.
{{/usCountry}}“Today, the custody was changed as per the order. Now they will have a court of enquiry and they will summon a court-martial.” The order was not uploaded on the court’s website.
{{/usCountry}}Sundaravadivelu said he argued that since the two officers belong to the armed forces, in this case, the IAF, they were subject to the Air Force Act. “Though I’m appearing for the accused I want the trial to happen before the Air Force authorities because that is the right forum. The accused will be tried before a court-martial and if they convict the accused, the accused has the right of appealing before the Air Force Appellate Tribunal. The next jurisdiction is only for the Supreme Court,” Sundaravadivelu said.
The transfer of custody came a day after HT and other media houses reported parts of the victim’s FIR in which she made serious allegations against the authorities and presiding enquiry officer at the air force institute. She alleged that she was subjected to the banned two-finger test, harassed to withdraw her complaint, and suggested that some of the evidence was tampered with.
Coimbatore city commissioner Deepak M Damor said that they have received an oral communication from the court that the accused is transferred from judicial custody to the IAF. “We are yet to receive a written communication, but he has been handed over to the IAF authorities,” Damor said.
The IAF refused to comment on the transfer.