[WFI Sexual Harassment Case] Delhi HC Issues Notice In Brij Bhushan Singh's Plea Seeking Early Hearing To Quash FIR

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Synopsis

The court issued notice and directed the Delhi Police to submit its reply on the plea moved by Brij Bhushan Sharan Singh, seeking an early hearing for the quashing of the FIR and chargesheet against him in the sexual harassment case filed by women wrestlers.

The Delhi High Court recently issued notice on a plea moved by former Wrestling Federation of India (WFI) Chief, Brij Bhushan Sharan Singh, seeking an early hearing for the quashing of the FIR and charges framed against him in the sexual harassment case filed by women wrestlers.

A bench led by Justice Manoj Kumar Ohri directed the Delhi Police to submit its reply and scheduled the next hearing for December 16, 2024

The plea, filed through Advocate Rajiv Mohan on behalf of Brij Bhushan Sharan Singh, seeks an early hearing in the present case. It emphasized the need for a timely resolution given the current state of the trial.

Three weeks ago, the same bench issued notice on the main petition for the quashing of the FIR and charges framed against him in the sexual harassment case. The court has listed the matter for hearing on January 13, 2025.

Notably, on August 29,  the bench led by Justice Neena Bansal Krishna expressed disapproval over Singh's attempt to challenge the sexual harassment proceedings. The bench questioned the legality of contesting the charges, stating, “You can't challenge everything. You should have done it before. Once the trial has started, this is nothing but an oblique way of challenging”.

Advocate Rajiv Mohan, representing Brij Bhushan Singh, argued that none of the female wrestlers had raised allegations against Singh before the protest on January 18. He further claimed that the allegations were part of a hidden agenda aimed at removing Singh from his position as WFI Chief. About the first complaint, Advocate Mohan stated that the alleged incident took place in Mongolia, not India, and argued that Indian courts had no jurisdiction over the matter.

Notably, in August 2024, the Rouse Avenue Court ruled that the female wrestlers testifying as witnesses in the sexual harassment case against Singh are to be considered 'vulnerable witnesses' and should be treated according to the established protocols.

Background:  

In April 2023, the bench, headed by Chief Justice of India DY Chandrachudissued a notice to the NCT of Delhi on the plea and permitted the female wrestlers to submit additional documents in a "sealed cover". The Supreme Court also instructed the Delhi Police Commissioner to evaluate the threat perception concerning the alleged minor victim and to provide appropriate security measures.

In January 2024, the police had requested the trial court to frame charges, dismissing Singh's claim that the incident occurred outside the territorial jurisdiction of Delhi courts.

Subsequently, on May 21, the trial court framed charges against Singh under various sections of the Indian Penal Code (IPC), including Section 354A (sexual harassment), Section 506 (criminal intimidation), and Section 354 (outraging the modesty of women).

The court determined that sufficient evidence was available to frame charges against  Singh under Section 354 (outraging the modesty of a woman) and Section 354A (sexual harassment) concerning victims 1, 2, 3, 4, and 5.

In February 2024, Singh sought discharge from the sexual harassment case, citing a significant delay and arguing that the incidents were barred by limitation.

However, on August 23, the court issued an interim order granting protection to the wrestlers who had approached the court, expressing concerns for their safety following the withdrawal of their security by Delhi Police. The court deemed it appropriate to provide security to the wrestlers until further orders.

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

[Inputs: ANI]