Srinagar- The High Court of J&K and Ladakh has ordered Special Investigation Team (SIT) of police to continue its investigation against Wing Commander of the Indian Air Force (IAF) who has been accused of rape by a woman Flying Officer.
A bench of Justice Javed Iqbal Wani also held that the IAF can invoke Section 124 of Air Force Act, 1950 to try the officer in a Court Martial only after the investigation was completed.
The court also quashed two orders passed by the Chief Judicial Magistrate Budgam dated 10th October 2024 and another passed a week later. By virtue of the October 10 order the CJM had directed the Incharge Police station Budgam to stop investigation in the matter and handover all the case papers to the Competent Authority or his duly authorized representative under the Air Force Act .
Later the CJM upon an application filed by the Assistant Public Prosecutor vide an order on October 16 directed the police to follow the order passed by the High Court and continue with the investigation. The CJM had passed the October 16 order following an application filed by Assistant Public Prosecutor, seeking recalling of the 10 October order on the ground that the order was in direct conflict with directions by the High Court on September 12 this year, directing continuation of investigation by the Police.
“The orders dated 10th October 2024 and 16th October 2024 passed by the Court of Chief Judicial Magistrate , Budgam shall stand quashed,” the High Court said.
It said that the Special Investigation Team shall continue with and conclude the investigation in FIR No. 370/2024.
“Upon completing the investigation, (SIT) shall file a charge sheet strictly in terms of the relevant provision of Cr.Pc./BNSS,” the court said.
Lastly, the court said, upon filling of such a charge sheet, the Designated Authority under Section 124 of Air Force Act, 1950 shall be at liberty to invoke said Section 124, if it decides to try the Wing Commander in a Court Martial.
The High Court passed the directions while dismissing a petition filed by the Wing Commander P. K. Sehrawat, seeking quashment of the case (FIR No. 0370/2024 dated September 8 for commission of offence under Section 376(2) IPC registered with Police Station Budgam and disposing of another plea filed by Union of India, Ministry of Defence, as regards court martial proceedings.
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