The Jammu and Kashmir & Ladakh High Court has quashed two orders issued by the Chief Judicial Magistrate (CJM) Budgam and directed the SIT to continue the ongoing investigation against Wing Commander P.K. Sehrawat of the Indian Air Force, who is accused of sexual harassment and rape by a female Flying Officer.
According to the judgment, two orders were issued by CJM Budgam on October 10 and October 16, 2024, respectively, related to the invocation of Section 124 of the Air Force Act, which determines whether an accused should be tried by a court martial or a criminal court.
A single bench of Justice Javed Iqbal Wani, according to Srinagar-based news gathering agency Kashmir Dot Com, while annulling both the orders of CJM Budgam, ruled that Section 124 of the Air Force Act, 1950, can only be invoked after the completion of the investigation and the filing of a police report or charge sheet.
In a 33-page judgment, Justice Wani said that the discretion under Section 124 must be exercised with material evidence and cannot be based on the FIR alone. The court clarified that invoking Section 124 prematurely could obstruct the investigation process and preclude the Magistrate’s role under Section 125.
The court also directed that the Special Investigation Team (SIT) continue and conclude its investigation into FIR No. 370/2024, adhering to the Criminal Procedure Code. The investigation pertains to allegations of rape, harassment, and a cover-up by the authorities, made by a female officer against Sehrawat.
The allegations date back to December 31, 2023, when the female Flying Officer accused Sehrawat of sexually assaulting her at a New Year’s party held at the Officers’ Mess in Srinagar. Following the incident, the officer alleged continuous harassment and mishandling of the investigation, including delays and a lack of support.
A First Information Report (FIR) was filed in Police Station Budgam on September 8, 2024, under Section 376(2) of the Indian Penal Code, which relates to aggravated rape committed by persons in positions of authority.
On September 13, 2024, the High Court granted anticipatory bail to Wing Commander Sehrawat, considering his position in the Air Force and potential career impact. However, the court imposed strict conditions, including the requirement to appear before the investigating officer and restrictions on travel.
The next hearing for Sehrawat’s bail application is scheduled for December 10, 2024.
