From Battlefield to Courtroom: Ex-Army Officer Fights Alleged Legal Harassment
Category: Criminal Law
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INTRODUCTION
The Supreme Court on November 5th, 2024 issued notice on a Special Leave Petition filed by ex-officer of the Indian Army, Rakesh Walia, seeking quashing of the FIR and other consequential proceedings against him on grounds of malicious prosecution and abuse of law under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
BACKGROUND
A bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah has agreed to consider the SLP which pertains to the impugned judgment and final order of the Delhi High Court dated July 31, 2024.
The High Court through the impugned order dismissed the petition of Capt. Rakesh Walia under Section 528 of BNSS to quash the FIR and consequential proceedings arising out of FIR No. 766/2021 for offences under Sections 376/377/506/328 of the Indian Penal Code, 1860.
As per the SLP, the High Court ignored the important fact that maliciously, wrongfully 7 FIRs had been registered by the said Prosecutrix / Complainant against 9 different persons at 7 different police stations including Petitioner in the last 8 years.
The factual matrix of the Petitioner's case is that he is an established author and has authored three high books with huge social media footprints and followings. During the Covid lockdown around 2019 -2020, the Petitioner was contacted by Respondent No.2 (Complainant/Prosecutix), who claimed to be a Social Media Influencer and had adequate team to help the Petitioner, in marketing his autobiography book “Broken Crayons Can Still Colour” on various social media platforms to reach a wider reach of audience.
The Petitioner stated that he decided to engage the services of Respondent No. 2. On December 29, 2021, they met in person to discuss the modalities for promoting his autobiography. On the same day, the Petitioner has alleged that the Respondent No. 2 filed a complaint at the Noida Sector 37 Police Post alleging she was raped by offering some intoxicating drink.
The Petitioner alleged that thereafter, FIRs were logged in Ghitorni and Mehrauli Police Stations. After the investigation, no arrest chargesheet was filed against the Petitioner. On August 4, 2022, the Petitioner was granted regular bail by the Trial Court. After this, a Supplementary Chargesheet was filed by the Mehrauli police. It is the case of the Petitioner that he was approached by Respondent No. 2's lawyer to make a monetary settlement.
KEY ASPECTS
Alleged Pattern of Malicious Prosecution: Walia has maintained that the complainant has a long history of filing false cases and has registered several FIRs against several persons over the years and such a practice by the complainant would clearly demonstrate malicious intent and abuse of process of law.
Legal Implications of BNSS, Section 528: It invokes Section 528 of the recently enacted Bharatiya Nagarik Suraksha Sanhita, 2023, to contend that want of action from a competent Magistrate under the new law necessarily entails that the FIR has been filed with an eye on the misuse of law and not for its implementation. This particular feature may challenge the application of the BNSS to malicious prosecution claims and test the limits of the BNSS interpretation.
Monetary Settlement Allegation: Walia has also alleged that the lawyer for the complainant was trying to negotiate a monetary settlement, stating that this shows an ulterior purpose of the FIRs against the two of them. If proven, this allegation could prove crucial in arguing that the case is a loser.
CONCLUSION
In brief, the case of Rakesh Walia in Supreme Court raises important questions on the misuse of certain legal processes and the use of BNSS provisions as a shield in cases of alleged wrongful prosecution. The judgment of the Hon’ble Supreme Court has the potential to turn the tide in such matters, especially in the context of false malafide FIRs and claims for damages.
