The Supreme Court of India has put a temporary hold on further legal proceedings in Jammu and Kashmir against Wing Commander P.K. Sehrawat, an Indian Air Force officer accused of rape and sexual harassment by a female Flying Officer.
A bench comprising Justice Pankaj Mithal and Justice Ahsanuddin Amanullah issued the stay order while hearing Special Leave Petition, filed by Sehrawat against the Jammu & Kashmir and Ladakh High Court’s ruling that allowed the Special Investigation Team (SIT) to continue its probe.
The court, after hearing submissions from senior advocate Siddhartha Dave and others, issued a notice to the Union Territory of Jammu and Kashmir, making it returnable within six weeks. Meanwhile, further proceedings arising from FIR No. 370/2024, registered at Budgam Police Station, have been put on hold.
Case Background
The allegations against Wing Commander Sehrawat date back to December 31, 2023, when a female Flying Officer accused him of sexually assaulting her during a New Year’s Eve party at the Officers’ Mess in Srinagar. She later alleged continued harassment and attempts by authorities to cover up the incident.
Following this, an FIR was lodged on September 8, 2024, at Budgam Police Station, invoking Section 376(2) of the Indian Penal Code (IPC), which deals with aggravated rape committed by a person in authority.
The Jammu & Kashmir and Ladakh High Court had earlier quashed two orders passed by the Chief Judicial Magistrate (CJM) Budgam on October 10 and October 16, 2024. These orders pertained to the invocation of Section 124 of the Air Force Act, 1950, which determines whether a military officer should be tried in a civilian court or by a court-martial.
Justice Javed Iqbal Wani, in a 33-page judgment, ruled that Section 124 of the Air Force Act can only be applied after the completion of the investigation and the filing of a charge sheet. The court observed that applying this section prematurely could obstruct the investigation process and limit the Magistrate’s authority under Section 125.
The High Court had allowed the SIT to continue its investigation, ensuring that the case remained under civilian jurisdiction instead of being transferred to a military tribunal.
Challenging this ruling, Wing Commander Sehrawat approached the Supreme Court. After hearing the petition, the Supreme Court issued a stay on all proceedings related to the FIR until further notice. The matter is now scheduled for further hearing after six weeks, once responses from the Union Territory of Jammu and Kashmir and other respondents are received.
Meanwhile, Sehrawat remains on anticipatory bail, which was granted by the Jammu & Kashmir High Court on September 13, 2024, with conditions including mandatory appearances before investigators and travel restrictions. (KDC)
