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Synopsis

A Delhi Court on Tuesday reserved its order on whether to frame charges against former WFI chief and BJP MP Brij Bhushan Sharan Singh in a sexual harassment case filed against him by women wrestlers.

Additional Chief Metropolitan Magistrate (ACMM) Priyanka Rajpoot of Rouse Avenue Court heard the submissions made by the complainants, the Delhi Police, as well as the accused, including Vinod Tomar, and reserved the order for March 15.

Vinod Tomar, the former assistant secretary of WFI, was also named as an accused in the case. During the proceedings, both the complainants and the police asserted that there was "sufficient evidence" to proceed with a trial against the accused individuals.

The Delhi Police opposed the argument put forth by the accused, claiming that since some incidents occurred overseas, they fall outside the jurisdiction of Delhi courts. The police contended that the alleged instances of sexual harassment, attributed to Singh, both overseas and in India, including Delhi, constitute part of the same offense.

On the other hand, Brij Bhushan Sharan Singh sought to be discharged from the case, citing a delay in reporting the alleged offence and contradictions in the statements of the complainants. Singh's counsel argued that while the incidents were purported to have occurred in 2012, they were not reported to the police until 2023.

It is to be noted that in January, the Delhi Police urged the court to frame charges against the BJP MP and former WFI chief in a case of alleged sexual harassment of women wrestlers.

The police opposed the contention of the accused that since some of the alleged incidents took place overseas, they did not fall under the jurisdiction of courts in Delhi, as it concluded arguments on framing charges against Singh.

The police submitted before the court that the incidents of sexual harassment allegedly committed by Singh overseas and inside India, including Delhi, were part of the same offence.

"Put up for arguments on the point of charge on behalf of complainant on 20.01.2024 at 2:00 PM and 23.01.2024. Date and time is given at joint request of counsels of both parties," the ACMM had ordered. 

Notably, in July 2023, Additional Chief Metropolitan Magistrate (ACMM) Harjeet Singh Jaspal of the Rouse Avenue Court “granted bail” to Bhartiya Janta Party (BJP) MP and outgoing WFI chief Brij Bhushan Sharan Singh and his co-accused Vinod Tomar, the suspended Assistant Secretary of the Wrestling Federation of India (WFI).

Background

The Delhi Police filed a chargesheet against Singh on June 15 under Sections 354 (assault or criminal force to woman with intent to outrage her modesty), 354A (sexual harassment), 354D (stalking), and 506 (criminal intimidation) of the IPC.

Tomar was charged with offences under Sections 109 (abetment of any offence, if the act abetted is committed in consequence, and where no express provision is made for its punishment), 354, 354A, and 506 (criminal intimidation) of the IPC.

Notably, in April, seven wrestlers moved the Supreme Court seeking the registration of an FIR against Wrestling Federation of India (WFI) President and BJP MP Brij Bhushan Singh over allegations of sexual harassment. A CJI Chandrachud-led bench issued notice to the NCT of Delhi in the plea. The Apex Court also allowed the petitioners to submit additional documents before it in a "sealed cover" in the case.

The top court then directed the Commissioner of Police (Delhi) to adequately assess threat perception with respect to the alleged minor girl victim in the Wrestling Foundation of India (WFI) sexual harassment case and thereafter make necessary security arrangements.

Case Title: State Vs. Brij Bhushan Singh & Anr.