Seeking custody of the rape accused India Air Force flight lieutenant, the city police has filed a revision petition in the principal district court in Coimbatore.
Flight Lieutenant Amitesh Harmukh was arrested on September 25 on charges of raping a woman colleague on September 10.
The additional mahila court had on September 30 ordered the police to hand over the accused to the IAF to carry out a court martial under the IAF Act.
The all-woman police had taken the action, based on the complaint by the woman officer, who alleged that the IAF authorities had failed to act on her complaints and as a last resort she approached the commissioner of police, who directed the station to register an FIR, following which Amitesh was arrested and was in police custody.
Citing the IAF Act, the air force authorities had sought the custody of Amitesh to conduct the court martial and said police had no jurisdiction on the defense issue.
Additional mahila court judge (in-charge) Thilageswari then ordered that he be handed over to the IAF.
The city police filed the revision petition to regain the custody of Amitesh and also seeking to revoke the mahila court order in the principal district court in Coimbatore on Thursday, the police said on Friday.
Stating that the woman officer had levelled serious charges against the IAF authorities, including conducting the banned two finger test on her and also to withdraw the complaint, the petition said that Amitesh should be in their custody until the charge sheet was filed against him, as the case was not transferred yet.
However, Air Chief Marshal V R Chaudhary had on October 5 denied that any such test was performed on the victim.
Since the IAF has so far not appointed any official to conduct the court martial, the case can be transferred only after the completion of investigation and ready for trial, as per Section 124 of the Air Force Act 1950 (choice between criminal court and court martial), the police said.
Based on this, the police sought to revoke the mahila court's order and return the accused to their custody.
