J&K High Court Refuses to Quash FIR Against Senior Air Force Officer Accused of Rape
Srinagar: The Jammu and Kashmir High Court on Wednesday declined to quash an FIR filed against a senior Indian Air Force (IAF) officer accused of raping a female colleague. Instead, the court directed the police to complete their investigation and file a chargesheet in the case.
Background of the Case
The FIR, registered in September, alleges that the accused, a wing commander, sexually assaulted a female colleague during a New Year’s party at the Srinagar Air Force Station on January 1. According to the complaint, the male officer called the woman to his room under the pretext of giving her New Year presents and then assaulted her.
The woman further alleged that she faced ongoing harassment, sexual assault, and mental torture by the authorities at the Air Force station, prompting her to approach the police after failing to get action within the force.
Legal Developments
The court quashed two earlier trial court orders that addressed the central government’s request to transfer the investigation to the Indian Air Force under Section 124 of the Indian Air Force Act, 1950, which pertains to court-martial proceedings.
One of these orders, issued on October 10, allowed the central government’s petition but was later recalled by the trial court, citing suppression of facts by the accused. Despite this, the court permitted the government to file a fresh petition for transfer after the chargesheet is submitted.
High Court’s Stance
In its ruling, the High Court dismissed the accused officer’s petition to quash the FIR, stating that the bail application would be heard separately. Advocate Aisha, representing the woman officer, confirmed the court’s decision and emphasized that the case will now proceed under the scrutiny of the Special Investigation Team (SIT) set up to handle the matter.
The decision marks a significant step in addressing the allegations and ensuring accountability within the military framework.
