The High Court of Jammu & Kashmir and Ladakh has ruled against a senior Indian Air Force (IAF) officer, denying his petition to quash a First Information Report (FIR) filed by a female colleague, who accused him of sexual assault, harassment, and mental torture. The FIR, which falls under Section 376(2) of the Indian Penal Code, was registered in September at the Budgam police station based on the claims of the Flying Officer against the Wing Commander stationed in Srinagar. Previously, the High Court had granted the Wing Commander pre-arrest bail.
In court proceedings, the victim’s counsel, Advocate Ayshia Shakeel Zahgeer, confirmed that the High Court dismissed the officer’s petition on Wednesday, after previously reserving its judgment following hearings. The court emphasized that an internal committee’s inconclusive findings do not equate to exoneration from the allegations, underscoring the police’s broad authority to investigate cognizable offenses as dictated by the criminal procedure code. Consequently, the bench indicated it would not exercise its inherent powers and dismissed the petition.
Additionally, the High Court annulled orders made by the Chief Judicial Magistrate (CJM) in Budgam, who initially permitted the IAF to take control of the investigation but later retracted this decision. The IAF, invoking the Air Force Act of 1950, had approached the Budgam court, which initially ruled for the police to cease investigation and hand over all related materials to the IAF for a potential court-martial. However, the CJM soon issued a show-cause notice to the IAF officer, questioning why he had not disclosed all relevant details to the court.
In response, the Union of India challenged the CJM’s directives at the High Court, which stayed the two orders from the lower court. Advocate Ayshia stated that the High Court’s ruling effectively quashed the CJM orders, allowing the IAF the opportunity to submit a new application under Section 124 of the Air Force Act, contingent upon the filing of the chargesheet.
Advocate Zahid Qais Noor, another counsel involved in the case, noted that the court has directed the police to file the chargesheet, while the bail matter is set to be addressed in a separate hearing. The allegations originated after a social gathering at the Air Force Station in Srinagar on New Year’s Eve, where the woman officer claimed that the Wing Commander led her to his room under the pretense of delivering a gift, resulting in the alleged sexual assault. The ongoing case has raised significant legal and social implications within the military and broader community.
