Read Time: 07 minutes

Synopsis

Former Wrestling Federation of India Chief and BJP MP Brij Bhushan Sharan Singh on Monday questioned the jurisdiction of a Delhi court trying a sexual harassment case lodged against him by six female wrestlers, claiming no alleged action or consequence happened in India.

Advocate Rajiv Mohan, appearing for the BJP MP, made the submission before Additional Chief Metropolitan Magistrate (ACMM) Harjeet Singh Jaspal of the Rouse Avenue Court during the argument on whether to frame charges against him.

Mohan contended, “There is no action or consequence which has happened in India, and therefore, the alleged offences which, as per the prosecution, have happened at Tokyo, Mongolia, Bulgaria, Jakarta, Kazakhistan, Turkey, etc., cannot be tried by this court”.

He submitted that ACMM court had “no jurisdiction to try any offence” that was allegedly committed outside India, in view of the fact that sanction under Section 188 CrPC had not been obtained.

On the contrary, the prosecution contended that the act of sexual harassment of the victims was a continuing offence, as it did not stop at any particular time. It was also argued that the accused molested the victims whenever he got the opportunity, and such harassment could not be looked at in isolated brackets, and the series or the chain thereof needed to be seen as one.

Taking note of the submissions, the court granted three weeks to the counsel for the parties to file their written arguments so they could be concluded in a systematic manner.

“At request, three weeks' time is granted. Let the matter be taken up on 22.11.2023, 23.11.2023 and 24.11.2023 at 02:30 PM”, the court ordered.

Earlier, the BJP MP had urged a Delhi court to "discharge him" in the sexual harassment case lodged by six female wrestlers. He had claimed contradictions in the statements of prosecution witnesses.

Notably, on July 20, the court “granted regular bail” to the BJP leader. Earlier, on July 18, the ACMM granted a 2-day interim bail to the outgoing WFI chief. The court had also granted interim bail to Vinod Tomar until July 20. Singh and Tomar had been granted bail on a personal bond of Rs. 25,000 each. 

It is to be noted that the court, on July 7, observed that there was sufficient evidence to proceed against the accused and issued summons for Singh and Tomar. 

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 v. Brij Bhushan Singh & Anr.