WFI Sexual Harassment case| Top Court issues notice in wrestlers' plea

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Synopsis

Initially, the Court was inclined to hear the matter on Friday, but after some persistence by Senior Counsel Kapil Sibal over the sensitivity of the issue, the matter was taken on board.

The Supreme Court today issued notice to the NCT of Delhi in the plea moved 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.

"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 ordered today.

Senior Advocate Kapil Sibal had mentioned the plea today before the bench also comprising Justice PS Narasimha, 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.

After issuing notice in the matter, the CJI ordered that "The complaints which form a part of an attachment to the petition in a sealed cover shall again be resealed and placed together with the Petition under Article 32 on the next date of listing, to protect the complainant".

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