The Supreme Court of India intervened on Monday, pausing the trial proceedings of a retired Army officer accused of rape, and highlighting potential concerns about the motivations behind the allegations.
Justices Sudhanshu Dhulia and Krishnan Vinod Chandran have issued a stay on the trial court proceedings, granting a delay until February 19 for the Delhi Police to investigate and respond. The court inquired about any similar complaints filed by the accuser against other individuals, suggesting a deeper examination into the patterns of allegations.
The case involves Captain Rakesh Walia (retired), who is contesting the legitimacy of the charges against him. His advocate, Ashwani Kumar Dubey, argued that the charges were soon to be framed and without a stay from the Supreme Court, the trial would proceed unfairly. Dubey labeled the accusations as “sextortion,” claiming that the FIR was lodged with the intention to extort money from Walia.
The Delhi High Court previously dismissed Walia’s plea to quash the chargesheet, indicating that the trial court should consider the merits of the case. The Supreme Court, however, has decided to scrutinize the complaint further, issuing notices to both the Delhi Police and the complainant.
Walia’s legal plea paints him as a decorated former military officer with severe health issues, including cancer and heart problems, arguing that he is being unfairly targeted by a complainant who has allegedly used similar tactics against others. According to the plea, the complainant had initially approached Walia under the guise of promoting his book, “Broken Crayons Can Still Colour,” through her alleged influence on social media.
The incident leading to the charges reportedly occurred in December 2021, when Walia met with the complainant to discuss book promotion. He asserts that after the meeting, which ended with him dropping her off, he was blindsided by an accusation of sexual assault filed the same day.