IAF wing commander gets pre-arrest bail in rape case; ‘will jeopardise his reputation,’ says J&K high court

A woman flying officer of the Indian Air Force has alleged that she was sexually assaulted by the wing commander, who is posted at Air Force Station, Srinagar.

The Jammu and Kashmir high court granted pre-arrest bail on Friday to an Indian Air Force (IAF) wing commander accused of rape, mental harassment, and stalking a female flying officer in Srinagar.

The Jammu and Kashmir high court in Srinagar.

“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, India Today reported.

This decision followed a First Information Report (FIR) filed by Jammu and Kashmir Police after the woman's complaint.

The high court asked the police not to file a charge sheet in the case without 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," the order by a single-judge bench, NDTV reported.

The single-judge bench clarified, "The investigation may continue, but the chargesheet must not be filed without this court’s permission."

Bail conditions require the accused to provide two sureties of ₹50,000 each. He is also prohibited from leaving the Union territory without prior consent from his commanding officer. Additionally, he must report to the investigating officer between September 14 and 16, from 10am to 2pm on those days.

What is the case?

Last week, an FIR has been registered at Budgam police station against the wing commander following a complaint by the woman flying officer accusing him of rape. Both the IAF officers are currently stationed in Srinagar.

A day after the complaint by the woman officer, the FIR under Section 376(2) of the IPC was filed at Budgam police station in central Kashmir on Sunday, the officials said.

Giving details, officials said the 26-year-old woman officer alleged that she was subjected to "continuous harassment, sexual assault, and mental torture" "primarily by authorities at the Air Force Station, Srinagar".

What IAF woman flying officer alleged:

1. In the FIR, the woman officer alleged that she was forced to perform a sexual act on the wing commander after the New Year’s Party held at the Officers’ Mess, Air Force Station, Srinagar, on December 31, 2023.
2. The woman officer alleged that the sexual assault took place in a room around 2am on January 1 after the wing commander asked her to come to a room to receive a New Year gift.
3. “I said that I hadn't received any. He asked me to come to his room where he has kept all the gifts. I went along with him to his room. He showed me his room and I asked him where are mam and kids. He replied that they are in some other accommodation,” she claimed.
4. She added that the wing commander then sexually assaulted 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 me on Friday again when his family leaves. Post this it took me a while to register what has happened with me I was afraid and didn't know what to do as there were instances before also wherein I was discouraged to report,” she said in the FIR.
5. “He visited my office post this incident and called me over when he was in Stn Headquarter, 1 wing He behaved as if nothing happened and there was no sign of remorse in his eyes. I revealed the incident to 02 lady officers. They guided me to put up a complaint. I went into a mental shock being new to the atmosphere in forces. I was embarrassed and was broken to that extent that I was lacking courage to report. I can't describe mental agony being an unmarried girl who have joined forces and was treated in such heinous manner,” she added.
6. The officer has accused senior IAF officers of the station of not taking her complaint seriously. “It took two months for Station to assemble an Internal Committee (IC)… on April 2, 2024, Internal Committee assembled. The bias of Station authorities to aid the sexual offender was very heartbreaking for me… Medical examination was not done till the time I insisted multiple times. It was done on the last day of the investigation by the Internal Committee,” the FIR stated.
7. According to the complainant, the woman officer urged the Internal Committee to summon a witness who had been made to “run away” from the camp area before giving his statement. But the Internal Committee, her complaint stated, did not do so despite being provided “all facts and bringing out lies and contradictions” of the “tutored witnesses”.
8. “…The ongoing harassment has had a severe impact on my 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 added.
9. The woman officer alleged that she was forced to approach the J&K Police to lodge an FIR after finding that no action was being taken by the IAF authorities.
10. A senior IAF official told PTI that they were aware of the case. "The Air Force Station in Srinagar was approached by the local Budgam police station on the subject. We are fully cooperating towards this case," the officer said.