An Indian Air Force officer, accused of rape and forced oral sex by a junior colleague, granted pre-arrest bail. The court allowed the investigation to proceed but directed that the chargesheet cannot be filed without the court’s permission. The ruling came from a single-judge bench, ensuring the officer remains protected while the inquiry continues.
The Jammu and Kashmir High Court granted pre-arrest bail to an Indian Air Force Wing Commander facing rape charges. The bail granted after a First Information Report (FIR) filed by the Jammu and Kashmir Police on Sunday, following a complaint from a woman Flying Officer who accused the Wing Commander of rape.
In its order, the court expressed concerns about the impact of the arrest on the officer’s career, stating,
“As the petitioner who is serving as Wing Commander… and in case of his arrest his reputation as well as the service career shall be jeopardised.”
The High Court also instructed the police not to file a chargesheet without its approval.
The court’s ruling said,
“This court has allowed the investigation to continue. However, we direct that the chargesheet shall not be filed without the permission of this court.”
The Jammu and Kashmir High Court instructed the Union Territory administration’s Additional Advocate General to submit a status report by the next hearing date. The court further ruled that the accused Wing Commander should be released on bail if arrested. The Wing Commander required to meet with the investigating officer from September 14 to 16 and as needed thereafter.
The court also imposed conditions for bail, stating,
“The accused must provide a surety of Rs. 50,000, cannot leave Jammu and Kashmir without his Commanding Officer’s permission, and must not contact any prosecution witness.”
The 26-year-old Flying Officer, in her complaint, alleged that she has endured “harassment, sexual assault, and mental torture for the last two years.”
In her complaint, the Flying Officer detailed an incident from a New Year’s party at the officers’ mess on December 31, 2023, where her senior, a Wing Commander, asked if she had received a gift. When she replied that she hadn’t, he told her the gifts were in his room and took her there. When she inquired about his family, he said they were elsewhere.
The Flying Officer alleged that once inside the room, the Wing Commander forced her into oral sex and molested her.
She said, adding that he told her they would meet again when his family left,
“I repeatedly asked him to stop and tried to resist in every way possible. Finally, I pushed him and ran away,”
She said it took time for her to fully comprehend what had happened.
She stated,
“I was afraid and didn’t know what to do, as I had been discouraged from reporting previous incidents,”
After the incident, the Wing Commander visited her office, behaving as if nothing had happened.
She noted,
“There was no sign of remorse in his eyes,”
The Flying Officer sought advice from two fellow women officers, who encouraged her to file a complaint.
She shared,
“I can’t describe the mental agony, being an unmarried girl who joined the forces and was treated in such a heinous manner,”
Following her complaint, a Colonel-rank officer tasked with investigating the matter. The Flying Officer alleged that she made to sit with the Wing Commander twice in January to record their statements, and despite her objections, the investigation was closed, seemingly to “hide the administration’s mistakes.”
She later submitted a fresh application to the internal committee, which met two months afterward.
She claimed, adding that a medical examination was not conducted until she insisted multiple times,
“The bias of Station authorities to aid the sexual offender was very heartbreaking for me,”
The Flying Officer further alleged that the internal committee was influenced by higher authorities.
She said,
“IC did not do its job properly as directions had come from higher formation to keep the result neutral. Everyone was aiding the sexual offender,”
Despite requesting interim relief and leave multiple times, her requests were denied, and her plea for a different posting, or a transfer for the Wing Commander, went unheeded.
She remarked,
“I am forced to socialise with these people and attend events with my abuser… While he is enjoying, I am being harassed daily by the authorities,”
In May, the internal committee closed its investigation, stating that it was inconclusive due to a lack of eyewitnesses.
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She questioned,
“Isn’t it common sense that someone would not commit sexual assault in front of a witness?”
The Flying Officer reported experiencing “continuous mental harassment” and “social boycott,” claiming that her personal communications are being “constantly monitored unofficially” and that those she speaks with are harassed by the authorities.
She described the toll the ongoing harassment has taken on her mental health, stating,
“I am living in constant fear, under 24/7 scrutiny, and my social life has been completely disrupted. The harassment has driven me to suicidal thoughts, and I feel utterly helpless. I am unable to carry on with my daily life, and my social interactions are closely monitored and discouraged by authorities. I have endured this torture for too long, and I am at my breaking point.”