The Supreme Court of India temporarily stayed trial proceedings against retired Army officer Capt Rakesh Walia, who is contesting a chargesheet in an alleged rape case framed by a complainant. Walia’s advocate noted a pattern of alleged misuse of laws for extortion, seeking clarity on the complainant’s history with similar FIRs.
New Delhi: The Supreme Court on Monday (Jan 20th) stayed trial court proceedings against retired Army officer Capt Rakesh Walia, who is seeking to quash a chargesheet filed against him in an alleged rape case. The decision offers temporary relief to the petitioner, who claims the case is a result of malicious intent and “sextortion.”
A bench comprising Justices Sudhanshu Dhulia and Krishnan Vinod Chandran directed Delhi Police to clarify whether the complainant had filed similar FIRs against others in the past. The court granted time until February 19 for the police to file their response.
Advocate Ashwani Kumar Dubey, representing the petitioner, urged the bench to stay the trial proceedings as charges were likely to be framed soon.
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“If trial court proceedings were not stayed, the case would be infructuous,”
Dubey argued, emphasizing that the FIR was allegedly filed with the intent to extort money.
The retired officer challenged a Delhi High Court order dated July 31, which dismissed his plea to quash the chargesheet. The high court had ruled that the matter was under the jurisdiction of the trial court, which would make an appropriate decision.
In his plea, Walia alleged,
“Petitioner is a 63-year-old decorated officer of the Indian Army with critical medical ailments, including a massive heart attack, two stent implants, and a cancer diagnosis. He is a highly immune-compromised case.”
The plea further claimed the complainant had filed seven FIRs against nine individuals in different police stations over the past eight years, indicating a pattern of alleged misuse of laws for extortion.
According to the petition, the complainant first contacted the retired officer during the COVID-19 lockdown in 2019–2020, offering to promote his book, “Broken Crayons Can Still Colour,” through social media platforms.
Walia decided to avail her services in June 2021 after lockdown restrictions eased. On December 29, 2021, they met at Chhattarpur Metro Station to discuss promotional plans. Walia claimed he dropped her off in Noida after their meeting, only to receive a call from local police hours later. The police informed him of a complaint alleging he had drugged and sexually assaulted the complainant around 4:15 PM that day.
The top court, while issuing notices to Delhi Police and the complainant, observed that the matter required further examination. It has asked the Delhi Police to share its findings with the court and provide clarity on the complainant’s history of filing similar cases.
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