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Seven wrestlers approached the Supreme Court, seeking the registration of an FIR against Singh, the WFI President, over allegations of sexual harassment. CJI Chandrachud issued a notice to the Government regarding the plea and allowed the complainants to submit additional documents in a sealed cover. The court also directed the Delhi Police Commissioner to assess the threat perception concerning an alleged minor girl victim in the case and to arrange necessary security measures accordingly.
The Rouse Avenue Court, on Friday, held that the female wrestlers, who will be appearing as witnesses in the sexual harassment case against BJP MP and former Wrestling Federation of India (WFI) chief Brij Bhushan Sharan Singh, are ‘vulnerable witnesses’ and shall be treated per the protocols.
The court engaged in discussions regarding the provisions for recording the examination-in-chief. The counsel for the complainant urged the court to exclude all unrelated parties from the proceedings, emphasizing that the presence of unrelated individuals could cause ‘psychological harm or inhibit the witnesses' ability to communicate due to fear of embarrassment or timidity’.
The court eventually decided to treat the witnesses as ‘vulnerable witnesses’; thus, their examination-in-chief would be conducted only in front of the judge.
The counsel for Singh agreed that while the witnesses should be treated as vulnerable, they should not be classified under the Protection of Children from Sexual Offences (POCSO) Act. The counsel for Singh assured that no one from their side, except for himself and his junior, would be present in the courtroom during the proceedings.
The court reiterated its focus on the witnesses' preferences and options available to them, ensuring their comfort and security throughout the process. The court emphasized that the victims would be given options based on their comfort level. An open trial would be conducted if the witness felt comfortable in the courtroom. However, if discomfort was expressed, the court would record their statements under the provisions applicable to vulnerable witnesses.
A member from the legal team of the mother of one of the victims during an interview with Lawbeat's team stated that the complainants had been subjected to sexual harassment. It was stated that the complainants were summoned to meet Singh at private locations, where they were inappropriately touched. Additionally, it was alleged that Singh demanded individuals to personally inform him about their leave and insisted on meeting them for such matters. He reportedly summoned them to restaurants and similar venues, compelling them to submit their leave applications directly to him.
Background:
The Delhi Police filed a chargesheet against Brij Bhushan Singh on June 15, charging him under various sections of the Indian Penal Code (IPC), including assault with intent to outrage modesty, sexual harassment, stalking, and criminal intimidation. Additionally, Tomar faced charges of abetment, sexual harassment, and criminal intimidation under the IPC.
In January 2024, the Police requested a Trial Court to frame charges. The police rejected the accused's argument that incidents occurring overseas were ‘outside the jurisdiction of Delhi courts’, as they concluded their arguments on framing charges against Singh.
In February 2024, Singh sought to be discharged from a sexual harassment case on the grounds that there was a significant delay in reporting the alleged incidents, which were claimed to have occurred in 2012 but were only reported to the police in 2023.
However, on August 23, the court issued an interim order granting security to the wrestlers who had approached the court, fearing for their safety after the Delhi Police withdrew their protection. The court deemed the situation appropriate for such a measure, providing the wrestlers with security until further notice.
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