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Synopsis

The Delhi Police on Friday filed an action taken report (ATR) before a Delhi Court in a plea against wrestlers Vinesh Phogat, Bajrang Punia, and Sakshi Malik for pressing "false allegations" of sexual harassment on the then President of Wrestling Federation of India (WFI) Brijbhushan Sharan Singh and for "hate speech" against Prime Minister Narendra Modi.

The Police, while urging the Metropolitan Magistrate (MM) Anamika of the Patiala House Courts, to dismiss the application contended that in the video provided by the complainant, the wrestlers were not seen raising slogans, and no offence of hate speech was made out.

Accordingly, the court posted the matter for further arguments on July 7.

Notably, the court on May 25 had issued notice to the Delhi police and directed it to file the ATR in the matter.

Advocate A.P Singh for the complainant had submitted that the accused persons used inappropriate language for Prime Minister Narendra Modi and Bhartiya Janta Party, MP Brijbhushan Sharan Singh.

The counsel had contended that the accused made a hate speech and raised slogans, “Modi Teri Kabr Kudegi (PM Modi’s grave will be dug)”. He had also contended that in a recent Supreme Court case, it has been held that the State and police can take suo moto action in hate speech cases.

The plea filed by Bam Bam Maharaj Nauhatiya, a social activist and National Chief of Atal Jan Shakti Party stated that the allegations made by the accused persons against Brijbhushan Sharan Singh are “false” and connected in a direct or indirect way by any “influence or personal gain”.  It also stated that according to the wrestlers, the alleged offences were committed by Brijbhushan in Turkey and Mangolia, therefore the jurisdiction to entertain and pass the order related to the above-alleged offence is with the Government and Court of Turkey and Mangolia, so why was any complaint not registered by the wrestlers there.

The complaint filed through Advocate Dr. A.P Singh stated, “The Accused persons are well-known wrestlers who also play international tournaments and any one of them are not physically weak or poor to oppose the alleged offence. So, it is hard to believe that they were harassed by a 66-year-old man (Brijbhushan Sharan Singh)”.

"It is worth noting that any one of the wrestlers amongst them who have made allegations neither protested against the alleged harassment nor lodged any written or verbal FIR, the complaint to the Police Station, Women Helpline or the State Women Commission, Ministry of Women Welfare, Indian Olympic Association, etc, all offices are also situated in Delhi as well as other states also", the plea added.

The plea also stated that the protest organized by the wrestlers at Jantar Mantar, News Delhi was only for creating unnecessary pressure on the Police and the Court to get desired actions.

"According to the telecast news on National news Channels, MODI TERI KABRA KUDEGI, the slogan was raised openly at the Jantar Mantar protest organized by the wrestlers which comes under the category of Hate Speech and on the basis of the language used by the protestors, it is clearly evident that they threatened to kill Narendra Modi", the plea stated.

"Hate Speech is a crime in law and a serious offence according to the latest precedents passed by the Supreme Court of India", the plea read.

The plea further stated that Brijbhushan Sharan Singh's character has been assassinated on the basis of false allegations and activities done at the protest site by the accused wrestlers.

Case Title: Bam Bam Maharaj Nauhatiya v. Vinesh Phogat @ Pahalwan & Ors.