Court breather for IAF officers

Saurabh Malik
Tribune News Service
Chandigarh, September 25

The Punjab and Haryana High Court has made it clear that limitation period for transfer of criminal proceedings to Court Martial under the Air Force Act can be determined from the date of knowledge and not merely from the date of offence.

The ruling by Justice Arun Monga came in a case where Air Force officers came to know about criminal proceedings after they were summoned by a court. By that time, the three-year limitation period from the date of offence was over. Rather, their request for transfer of a private complaint’s trial to Court Martial was declined on the grounds that it was barred by limitation in accordance with Section 121 of the Air Force Act, 1950.

Taking up the petition by Wing Commander SK Sharma and other petitioners against the Union of India and other respondents, Justice Monga quashed the impugned order dated October 5, 2016. The respondents were directed to transfer or take over the criminal proceedings and institute appropriate Court Martial proceedings at Hindan before adjudicating the matter in accordance with the Air Force Act.

Justice Monga’s Bench, during the course of hearing, was told that the accused officials were posted in Faridabad at the relevant time. In the course of discharge of their duties, they got certain land vacated from alleged encroachers. An FIR dated July 8, 2013, was instituted by the officials.

Their counsel contended that a private complaint was instituted behind their back as a counterblast. They came to know about the proceedings for the first time when summoning order by the trial court was served. They were, as such, required to appear in court, seek bail and defend themselves in the proceedings. They made a request for transfer of criminal proceedings for adjudicating the same by way of Court Martial immediately after they came to know about it. The request was declined.

Justice Monga asserted that the court was of the view that there was merit in the contention raised by the petitioners’ counsel that there was no occasion for them to request transfer of criminal proceedings to be tried by way of Court Martial under the Air Force Act in the absence of knowledge about institution of complaint. The request was made on the very first occasion when they came to know about it.

“In the premise, it seems rather unjust that the request has been declined on the grounds that it is barred by limitation since the alleged offence or institution of complaint is much prior to the date of knowledge of the same,” Justice Monga asserted.