SRINAGAR: The High Court of Jammu & Kashmir and Ladakh has dismissed a petition filed by a senior Indian Air Force (IAF) officer seeking the quashing of an FIR registered against him by the JK Police in a case involving allegations of sexual assault, harassment, and mental torture, reports appearing in the media said.
The FIR was lodged in September at the Budgam police station under Section 376(2) of the Indian Penal Code (IPC) following a complaint by a woman Flying Officer, who accused the Wing Commander, stationed in Srinagar, of sexual assault. The officer had earlier been granted pre-arrest bail in the case.
The High Court announced its judgment on Wednesday, rejecting the accused’s plea to quash the FIR. Advocate Ayshia Shakeel Zahgeer, counsel for the complainant, stated that the court ruled the internal committee’s inconclusive findings could not be considered an exoneration of the accused. Furthermore, the court affirmed that the police retained unrestricted powers to investigate cognisable offences under the Code of Criminal Procedure.
“The court refused to exercise its inherent powers and dismissed the petition, allowing the police investigation to proceed unhindered,” Advocate Zahgeer said.
The High Court also set aside two conflicting orders issued by the Chief Judicial Magistrate (CJM) of Budgam. In the first order, the CJM directed the police to halt their investigation and hand over the case to the IAF for proceedings under the Air Force Act, 1950. This order was subsequently recalled by the CJM, who issued a show-cause notice to the IAF officer for allegedly suppressing material facts before the court.
The Union of India had approached the High Court, challenging the CJM’s orders. The High Court stayed both orders during the hearing and, in its final judgment, quashed them.
Section 124 of the Air Force Act, 1950, allows for a choice between a criminal court and court-martial in cases involving IAF personnel. However, the High Court stated that the IAF could file a fresh application under this section after the chargesheet in the case is filed.
Advocate Zahid Qais Noor, another counsel involved in the case, stated that the court directed the police to expedite their investigation and file the chargesheet. “The bail matter has been listed separately,” he added.
The case pertains to an incident on New Year’s Eve last year at the Air Force Station in Srinagar. The woman Flying Officer alleged that the accused Wing Commander took her to his room under the pretext of giving her a gift and then sexually assaulted her.
The case has highlighted the procedural complexities surrounding the jurisdiction of military and civil courts in cases involving armed forces personnel, as well as the challenges faced by victims in such cases.
With the High Court’s decision, the investigation is set to move forward, while the IAF retains the option to seek legal recourse after the chargesheet is submitted.
