Background Facts
A woman pilot has filed the Plea at the Indian Air Force before Jammu and Kashmir High Court seeking annulment of anticipatory bail granted by the Principal Sessions Judge in a matter related to sexual harassment lodged against Flight Commander.
Before this, the women filed a petition before HC objecting the unfair manner of inquiry by the Internal Complaints Committee (ICC) of the Indian Air Force in a matter relating to sexual abuse.
The complaint was filed with the IAF authorities on December 18, 2020.
However, the official respondents did not perform the duties, and she eventually had to report the matter to the police on her own and it lodged an FIR based on the same. She also claimed that proceedings held before Air Force Order were violative of Article 14 of the Constitution. She didn’t get the right to cross-examine the accused or his witnesses. The Court had in April issued notice to the Central government and Indian Air Force (IAF) officers in that plea as well.
Submissions by Petitioner
Since the FIR has been lodged against the accused by the pleader under Section 354-A of the Indian Penal Code is a bailable offence and anticipatory bail is granted in the apprehension of arrest in a nonbailable offence. It further added that bail orders passed were arbitrary and passed without giving the opportunity of being heard to them.
The Sessions Judge did not even look at the contents raised by the complaint and there was ignorance of the seriousness, gravity of the offence.
Accused gets anticipatory bail and sensitivity it did not look to offences against women into. This happened even though the entire country raised its voice in the 2012 Delhi gang rape.
Without considering the contents raised by the complaint or the position of power of the accused granted anticipatory bail.
Court’s Order
A bench headed by Justice Sanjeev Kumar
Notice issued to the respondents on May 14 and directed them to present their replies within four weeks and matter in relation main petition, as well as a plea for interim relief, will be heard on July 15, 2021.
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