J&K HC grants pre-arrest bail to IAF Wing Commander who faces rape charge by woman flying officer

The Jammu and Kashmir Police registered a first information report (FIR) on Sunday after a woman Flying Officer lodged a formal complaint, alleging rape by the Wing Commander.

"As the petitioner who is serving as Wing Commander... and in case of his arrest his reputation as well as the service career shall be jeopardised," the bail order stated.

The high court ordered the police not to file a chargesheet in the case without obtaining its permission.

"This court has allowed the investigation to continue. However, we direct that the chargesheet shall not be filed without the permission of this court," said the order by a single-judge bench.

The high court ordered the Union Territory administration's Additional Advocate General to file a status report by the next date of hearing.

It said the Wing Commander should be released on bail if he is arrested. The high court told the accused Wing Commander to meet the investigating officer from Sept 14 to 16, and whenever needed thereafter.

The bail was granted on grounds that the accused has to give a surety of Rs. 50,000, cannot leave Jammu and Kashmir without the permission of his Commanding officer, and cannot contact any prosecution witness, the high court said.

In her complaint, the flying officer has said she has been suffering harassment, sexual assault, and mental torture over the past two years.

As per the complainant, on Dec 31, 2023, during a New Year party at the officers' mess, the senior commander first asked the victim if she had received the gift. On responding no, the Wing Commander took her to his room saying the gifts were there.

The female flying officer then asked him where his family was to which he said they were elsewhere.

The flying officer has alleged that her senior forced her into oral sex and molested her. "I repeatedly asked him to stop doing it and tried to resist it in all ways possible. Finally, I pushed him and ran away. He said that we would meet on Friday again when his family leaves," she has said in her complaint as quoted by NDTV.

The flying officer said she was scared and it took her a while to register what happened to her.

"I was afraid and didn't know what to do as there were instances before also wherein I was discouraged to report. He visited my office after this incident... He behaved as if nothing happened and there was no sign of remorse in his eyes," she said.

The woman officer said she reached out to two other women colleagues, who advised her to file a complaint. "I can't describe (the) mental agony, being an unmarried girl who joined forces and was treated in such (a) heinous manner," she said.

Following her complaint, she said a Colonel-rank officer was ordered to investigate the incident.

The Wing Commander was made to sit down with her twice in January this year to record the statements, she has alleged. The flying officer said she objected to the senior officer's presence and later the investigation was closed to "hide mistakes of administration".

She then filed a fresh application to the internal committee and it was looked after two months later. "The bias of Stn (Station) authorities to aid the sexual offender was very heart-breaking for me," she has said, alleging that a medical examination was not done till she insisted multiple times.

According to her FIR, the Internal Committee said that it is inconclusive whether the incident happened due to the lack of an eyewitness and closed the investigation in May. "Isn't it common sense that someone would not do sexual assault in front of a witness?"

The flying officer has complained of "continuous mental harassment" and "social boycott". "My personal communications have been constantly monitored unofficially. The individuals I speak with are harassed by the authorities."

She said the ongoing harassment has had a severe impact on her mental health.

"I am living in constant fear, under 24/7 scrutiny and my social life has been completely disrupted. The harassment has driven me to suicidal thoughts, and I feel utterly helpless. I am unable to carry on with my daily life, and my social interactions are closely monitored and discouraged by authorities. I have endured this torture for too long, and I am at my breaking point," she has said.