The Supreme Court has put a temporary prohibition on further proceedings in the SIT-led investigation in the alleged rape case by a female officer against a senior Air Force officer in Jammu and Kashmir. Wing Commander P.K. Sehrawat has been accused of rape and sexual harassment by a female flying officer.
A bench of Justice Pankaj Mithil and Justice Ahsanuddin Amanullah issued a postponement order while hearing a special permission petition filed by Sehrawat against the decision of Jammu and Kashmir and Ladakh High Court, in which the Special Investigation Team (SIT) was allowed to continue their investigation.
The court issued a notice to the Union Territory of Jammu and Kashmir after hearing the arguments of Senior Advocate Siddharth Dave and others, asking to reply within six weeks. Meanwhile, further proceedings arising from FIR No. 370/2024 registered at Budgam Police Station have been stopped.
Background of case
Allegations against Wing Commander Sehrawat begin from December 31, 2023, when a female flying officer accused her of sexual harassment during a party held on New Year’s Eve in Officers Mess in Srinagar. He later accused the authorities of constant harassment and attempt to hide the incident.
Subsequently, an FIR was lodged under Section 376 (2) of the Indian Penal Code (IPC) at Budgam Police Station on 8 September, 2024, which is related to serious rape done by an officer. Jammu and Kashmir and Ladakh High Court had earlier canceled two orders passed by the Chief Judicial Magistrate (CJM) of Badgam on October 10 and 16, 2024. These orders belonged to the call of Section 124 of the Air Force Act, 1950, which determines whether a military officer should be prosecuted in the court or by the court.
Justice Javed Iqbal Wani said in a 33 -page judgment that Section 124 of the Air Force Act can be implemented only after completion of the investigation and the charge sheet. The court said that by implementing this section ahead of time, the investigation process can be interrupted and the rights of the magistrate under Section 125 can be limited.
The High Court had allowed the SIT to continue its investigation, ensuring that the matter remained under civil jurisdiction rather than transfer to the military tribunal. Challenging this decision, Wing Commander Sehrawat approached the Supreme Court. After hearing the petition, the Supreme Court stayed all the proceedings related to the FIR till the next information.
Now the next hearing of the case will be held after six weeks, when the Union Territory will get a reply from Jammu and Kashmir and other defendants. Meanwhile, Sehrawat is on anticipatory bail, which was approved by the Jammu and Kashmir High Court on September 13, 2024 with mandatory attendance and conditions including travel sanctions.
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