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Senior Advocate Kapil Sibal, appearing for the petitioners also told court today that they would be submitting an additional affidavit as something new had happened thereafter.
Solicitor General Tushar Mehta today 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.
Notably, yesterday 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 today 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.
Senior Advocate Kapil Sibal had mentioned the plea yesterday before the Supreme Court, who was told that the police officials were not registering an FIR and that actions should be taken against the erring officers as well for non-registration of FIR.
Court was also provided with a sealed cover consisting of the complaints of each of the seven victims narrating the incidents.
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
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