NEW DELHI: The Supreme Court on Tuesday ruled that participation in ‘Operation Sindoor’ does not grant immunity from prosecution, directing a Black Cat Commando to surrender in connection with a dowry death case involving the killing of his wife over two decades ago.
The commando was convicted under Section 304B of the Indian Penal Code (dowry death) and had approached the apex court seeking exemption from surrendering, citing his long service as a Black Cat Commando and his involvement in ‘Operation Sindoor’.
A bench comprising Justice Ujjal Bhuyan and Justice Vinod Chandran was hearing a special leave petition (SLP) challenging the Punjab and Haryana High Court's decision to uphold the conviction and sentence of 10 years’ rigorous imprisonment.
During the hearing, the petitioner’s counsel pleaded for exemption, stating: “I can only say one line I participated in Operation Sindoor and have served as a Black Cat Commando with the Rashtriya Rifles for the past 20 years.”
However, the bench rejected the plea, with Justice Bhuyan firmly stating, “That doesn’t give you immunity from committing atrocity at home. This shows how physically fit you are, and how you alone could have strangulated your wife.”
He added, “This is not a case for exemption. It’s a gruesome act. Exemption is applicable when the sentence is less than one year.”
Justice Chandran also noted that the petitioner’s appeal had already been dismissed by the High Court and reminded the counsel, “You are here on special leave.”
The petitioner’s counsel argued that the primary allegation was a demand for a motorcycle, based only on the testimonies of two close relatives of the deceased. However, the Court was unconvinced.
Justice Bhuyan observed, “We can issue notice on the SLP, but do not ask us for exemption.” The Court then ordered: “We decline the prayer for exemption from surrendering. Issue notice on the SLP, returnable in six weeks.”
On request, the bench granted the petitioner two weeks to surrender.