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Synopsis

The Supreme Court has 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.

Before a bench of Chief Justice of India DY Chandrachud & PS Narasimha, the Solicitor General of India’s statement that the Delhi police will file an FIR in light of a cognisable offence being made out was also recorded.

As stated on the last date, Senior Advocate Kapil Sibal today filed an affidavit in a sealed cover highlighting alleged security issues concerning victims. 

Solicitor General Tushar Mehta also informed Court that there was more than what met the eye and there are some aspects to the issue that even the sportspersons were probably not aware of. 

At this juncture, Sibal interjected and said that there was a security threat to the lives of the minor girl and it was imperative that they be protected. 

On the last date the SG had informed the Supreme Court that a preliminary investigation was required before registering FIR in the case filed by seven wrestlers seeking the registration of an FIR against Wrestling Federation of India (WFI) President and BJP MP Brij Bhushan Singh over allegations of sexual harassment.

"It is prima facie felt that a preliminary examination is required before FIR is registered in the matter", SG told a bench of CJI Chandrachud and Justice Narasimha.

Supreme Court had issued notice to the NCT of Delhi in the instant plea. "There are serious allegations of sexual harassment in the petition, which is instituted by professional international wrestlers who have represented India. The matter requires the consideration of this Court in exercise of its jurisdiction under Article 32 of the Constitution. Issue notice, returnable on 28 April 2023. Liberty to serve the Standing Counsel for the NCT of Delhi", a CJI Chandrachud led bench had ordered yesterday.

CJI Chandrachud had then told the SG that he could place the relevant material before Court on Friday, when the matter was coming up for hearing.

"You know we don't pass orders unless there is something very material, and a minor was harassed..please furnish the material that you have on Friday", Court said.

The plea states that while the petitioner have dedicated their lives to bringing great pride to our nation through their constant hard work and dedication, the female Olympians are being subjected to sexual harassment by individuals who are taking advantage of their vulnerable positions. 

"Despite filing complaints which ex-facie disclose the commission of a cognizable offence, the Delhi Police in complete disregard of the law laid down by the Constitutional Bench of this Hon’ble Court has failed to register FIRs against the persons accused therein. Inspite of the lapse of 3 days i.e., from 21.04.2023 to 24.04.2023, no conclusive action has been taken by the Delhi Police. This clearly depicts a sad state of affairs and a clear violation of human rights", the petition adds.

Notably, the Petitioners along with other wrestlers mustered up the courage to raise their voices before the appropriate authority against such acts and sat on protest (dharna) at Jantar Mantar seeking appropriate action against the perpetrators. 

Following this, the Ministry of Sports had constituted a 5-member oversight committee in January this year to investigate the allegations.

"The oversight committee took note of the allegations, and the statements of the victims were recorded. However, it is distressing to know that despite the committee being formed, no concrete steps have been taken to address this critical issue. Further, as per print media, it is in circulation that the accused in fact has been given clean-chit in the matter and the report of the committee is lying at the
Ministry of Sports and despite requests the report is not being made public", the Court has been told.

Case Title: XYZ and Others vs. State NCT of Delhi and Others