Sexual harassment: Delhi Police concludes arguments on charges against ex WFI chief

NEW DELHI: Delhi Police has concluded its arguments on the framing of charges against former Wrestling Federation of India (WFI) chief and BJP MP Brij Bhushan Sharan Singh in an alleged sexual harassment case lodged against him by women wrestlers.

This matter is at the stage of framing charges before the Rouse Avenue Court.

The Delhi Police argued that the incidents of alleged sexual harassment that took place overseas and within the country, including New Delhi, were part of the same transaction. Therefore, the court has jurisdiction to try this case.

After hearing arguments of the Delhi Police, the court listed the matter on January 20 and 23. On the next date, the court will hear the submissions of counsel for the complainants.

Additional Chief Metropolitan Magistrate (ACMM) Priyanka Rajpoot heard the arguments of Delhi Police.

Additional public prosecutor (APP) Atul Srivastava argued for Delhi police and submitted that the incidents of alleged sexual harassment, whether they happened overseas or within the country, were part of the same transaction. Therefore, this court has jurisdiction to hear this case.

APP Atul Srivastava also argued that to attract the section of sexual harassment, intention is not required; merely knowledge is sufficient.

On the point of delay in filing of complaints, APP Srivastava contended that this case is not time-barred as Section 354 of the IPC has been invoked, which has a maximum punishment of five years.

The APP further argued that the statement of accused Brij Bhushan, who said that he was acting in a fatherly manner while checking the breathing patterns of female wrestlers, shows he was aware of his act.

It was also submitted before the Court that the reason behind the delay in filing the complaints was that in the place where these women belonged, the game of wrestling was worshipped. For the girls, wrestling is everything.

Hence, they were afraid to come out in the open, being scared of the fact that their wrestling career would be jeopardised, Delhi police submitted.

It was further submitted that Bhushan justified that his acts were carried out in a father-like capacity while reacting to the victims' statement that Bhushan used to touch their breast on the pretext of checking their breathing capacity.

Prosecution submitted that why justified when no such act was done, as per Bhushan. Justification by Bhushan shows that he was aware of his acts.

On Thursday, Delhi Police began its arguments afresh on framing of charge against former WFI Chief and BJP MP Brij Bhushan Sharan Singh in Sexual harrasment case.

This case was lodged on the complaint filed by six women wrestlers. Delhi police have already filed a charge sheet against BJP MP Singh. The case is at the stage of framing of charges.

The matter has been argued afresh as the predecessor judge who heard the parties on the point of framing of charge has been transferred.

Additional Public Prosecutor (APP) Atul Srivastava also argued that there are multiple incidents within India and outside India when the accused sexually harassed the complainant wrestlers by touching their breasts and stomachs on the pretext of checking their breathing patterns.

APP also submitted that 44 people have been made witnesses, including six victims.

The APP submitted that on April 21, last year, six complaints of sexual harassment were filed with police against Singh by six female wrestlers.

They also approached the government and the Supreme Court. Two FIRs were registered by police and placed before the Supreme Court.

An additional public prosecutor also read over the statements of the complainants. One of the complainants stated that in 2018, she went to Kazakhstan and won a gold medal.

It has been alleged that when she was stretching, the accused came near her and without her permission, lifted her T-shirt, touched her breast and slid his hand to her stomach on the pretext to check her breathing pattern.

Another incident is in New Delhi, when the complainant went to meet the former WFI Chief Brij Bhushan at its office, the APP submitted.

Another statement was also read, which stated that when a woman wrestler was performing a stretch in the arena, the accused allegedly touched her breast.

She also stated that the accused hugged her and held her waist. He asked the girl to compromise with him and told her she would not face any difficulty in her career. Her brother was stopped outside by her co-accused, Vinod Tomar.

APP submitted that this incident attracts Section 354A of the IPC.

The APP also mentioned that the incidents took place in Mangolia, Bellary Karnataka, Tokyo and Jakarta.

Another woman wrestler stated that she had gone to the WFI along with her husband, who was asked to remain outside by the co-accused, Vinod Tomar. During the incident, the accused sexually harassed the complainant, APP argued.

Earlier, Delhi police had submitted that, as per the statements of the witnesses and victims, they were molested at different places, including abroad as well as in different parts of India, including a place that falls within the jurisdiction of PS Connaught Place.

On November 28, complainant women wrestlers filed written submissions on the framing of charges against MP Brij Bhushan Sharan Singh in the sexual harassment case. Singh had already filed his written submissions.

The court had noted that it was argued by the defence counsel, Rajiv Mohan, that the court has no jurisdiction to try any offence allegedly committed outside India as the sanction under Section 188 CrPC has not been obtained.

It was also argued that no sanction is required when the offence is partly committed in India and partly outside India, the court noted.

The court also noted defence counsel arguments that the alleged offences, which, as per their prosecution, have happened in Tokyo, Mangolia, Bulgaria, Jakarta, Kajakistan, Turkey, etc., cannot be tried by this court.

The court asked a question about whether sexual harassment can be called a continuing offence. Multiple offences, separated by date, time and place, can be covered.

The court also noted the submissions made by the Additional Public Prosecutor (APP) that the act of sexual harassment was a continuing offence as it didn't stop at any particular time.

As per APP, the accused molested the victim whenever he got the opportunity and such harassment cannot be looked at as isolated, the court noted.

During the hearing, defence counsel submitted that one of the complainants alleged that the accused made sexual advances in 2022.

He further submitted that the incident of 2022 is from Bulgaria and the WFI office. The incident at the WFI office was not mentioned before the oversight committee.

He also referred to the 1993 SC judgement, which said that the offences committed here can be tried in India.