HC dismisses IAF officer’s plea seeking quashing of FIR in sexual assault case

The High Court of Jammu & Kashmir and Ladakh has dismissed the petition of a senior Indian Air Force (IAF) officer who had sought quashing of an FIR lodged by the J&K Police following a complaint by a fellow woman officer alleging sexual assault, harassment and mental torture.

The FIR was lodged in September under Section 376(2) of the IPC at Budgam police station on the woman Flying Officer’s allegation against the Wing Commander posted in Srinagar, whom the HC had granted pre-arrest bail.

Victim’s counsel Advocate Ayshia Shakeel Zahgeer said the petition filed by the accused before the High Court seeking quashing of the FIR was dismissed. The court announced the judgment on Wednesday. The HC had earlier heard the arguments and reserved its decision. “The court stated that the internal committee has given an inconclusive finding and the same cannot be said to be exoneration from the offence and that the police have unfettered powers to investigate a cognizable offence in terms of the code of criminal procedure. The court therefore said it was not inclined to exercise its inherent powers and rejected the petition,” she said.

The court also quashed the orders of the Chief Judicial Magistrate (CJM), who in its first order allowed the IAF to take over the investigation and days later withdrew its order. Invoking Air Force Act, 1950, the IAF last month had approached a court in Budgam and subsequently, the CJM, Budgam, in its first order said that “Incharge, Police Station, Budgam, shall stop further investigation in the matter and hand over all the case papers to the competent authority for enabling them to investigate the matter as per Air Force Act, 1950 and court martial the accused.”

Section 124 of the Air Force Act, 1950, gives a choice between “criminal court and court-martial.” However, days later, the CJM recalled its own order and issued a show-cause notice to the IAF officer to “explain as to why he suppressed the material facts before the court.”

The Union of India, however, approached the HC, challenging the order of the Chief Judicial Magistrate, Budgam. The High Court, meanwhile, stayed both the orders.

Advocate Ayshia said the High Court in its judgment quashed both the orders of CJM, Budgam, that were challenged in a connected petition filed by the Air Force.

In its judgment, the court has also said that IAF will have liberty to file a fresh application before the court under Section 124 of the Air Force Act after the filing of chargesheet in the case.

Advocate Zahid Qais Noor, one of the counsels in the case, said the court asked police to file the chargesheet in the case. “Bail matter has been listed separately,” he said. The J&K Police had registered a case after a woman officer alleged that after a party at the Air Force Station in Srinagar on the New Year’s Eve last year, a Wing Commander took her to his room on the pretext of handing her over some gift and sexually assaulted her.