What TV doesn't, print can't; we deliver.
What TV doesn't, print can't; we deliver.
The Supreme Court today issued notice on a Special Leave Petition filed by ex-officer of the Indian Army, Rakesh Walia, seeking to quash the FIR and related proceedings against him undergrounds of malicious prosecution and abuse of law under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
NEW DELHI: The Supreme Court today issued notice on a Special Leave Petition filed by ex-officer of the Indian Army, Rakesh Walia, seeking to quash the FIR and related proceedings against him undergrounds of malicious prosecution and abuse of law under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). A bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah heard the case, which challenges a July 31, 2024 decision by the Delhi High Court and involves FIR No. 766/2021, citing offences under Sections 376, 377, 506, and 328 of the IPC.
Walia, represented by Advocate Ashwani Kumar Dubey and with additional arguments from Advocate Advait Ghosh, contends that the complaint is part of a malicious pattern. His counsel highlighted that the complainant has filed seven FIRs against nine individuals across various police stations over the past eight years. The case is scheduled for a Supreme Court hearing on December 6, 2024.
ALSO READ: NIA takes over investigation into attack on BJP leader’s car in West Bengal
Court records describe Walia as a 63-year-old decorated Army veteran suffering from severe health conditions, including a heart attack and cancer, making him immune-compromised. His plea accuses the complainant of weaponizing legal provisions around sexual assault to extort money from prominent individuals.
The complainant reportedly first contacted Walia during the COVID-19 lockdown, claiming to be a social media influencer who could promote his autobiography, “Broken Crayons Can Still Colour.” Walia accepted the offer in June 2021, and they later met on December 29, 2021, to finalize promotional terms. Walia claims that following their meeting, he was contacted by police in Noida regarding an assault complaint filed by the complainant. He alleges that subsequent FIRs were filed in Ghitorni and Mehrauli, yet no arrest charge sheet was filed. In August 2022, he was granted regular bail, and a supplementary chargesheet was later filed.
ALSO READ: Govt to pursue Statehood, Constitutional Rights for J&K
The SLP asserts that the High Court disregarded evidence of the complainant’s pattern of filing similar complaints against others over several years. Additionally, Walia claims the complainant’s lawyer approached him seeking a monetary settlement. The Supreme Court issued a notice, permitting Walia’s counsel to serve respondents through regular and “dasti” modes, making the notice returnable on December 6.
