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Synopsis

The Delhi High Court, on Thursday, issued a notice to the State as well as the Police in the plea filed by BJP MP and former Wrestling Federation of India (WFI) Chief Brij Bhushan Sharan Singh, who sought the dismissal of the sexual harassment proceedings initiated against him by female wrestlers.

The bench of Justice Manoj Kumar Ohri directed the Delhi Police to submit a status report and scheduled the next hearing for January 13, 2025.

In the previous court hearing, 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 Chandrachud, issued 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.