“Once Trial Started, Can’t Be An Omnibus Order On Everything”: Delhi HC Refuses to Quash All FIRs Against Ex-WFI Chief Brij Bhushan | Next Hearing on September 26

The Delhi High Court Today (Aug 29) criticised former Wrestling Federation of India (WFI) president and Bharatiya Janata Party (BJP) leader Brij Bhushan Singh for filing a plea to quash trial court proceedings related to the sexual harassment case filed against him by women wrestlers after the trial had already begun. Justice Neena Bansal Krishna on Thursday said that the plea by Singh appeared to be an oblique one to quash the case in its entirety after the commencement of trial against him.

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"Once Trial Started, Can’t Be An Omnibus Order On Everything": Delhi HC Refuses to Quash All FIRs Against Ex-WFI Chief Brij Bhushan | Next Hearing on September 26

NEW DELHI: The Delhi High Court sharply criticized Brij Bhushan Sharan Singh, former Wrestling Federation of India (WFI) president and Bharatiya Janata Party (BJP) leader, for filing a plea to quash the trial court proceedings related to the sexual harassment case filed against him by several women wrestlers.

This criticism came after the trial had already commenced, raising questions about the timing and intent behind the plea.

Justice Neena Bansal Krishna, presiding over the matter, expressed concerns that Singh’s plea appeared to be an attempt to undermine the ongoing legal process. The judge remarked that the plea seemed to be an “oblique way” to quash the case in its entirety, now that the trial was underway.

The court questioned Singh’s decision to file a single plea challenging both the order framing charges against him and the proceedings themselves, suggesting that this approach was procedurally inappropriate.

“There can’t be an omnibus order on everything. If you wanted to quash the order on charge you could have come. Once the trial has started, this is nothing but an oblique way,”

-the court noted.

Despite these observations, the court allowed Singh’s counsel two weeks to prepare a short note, scheduling the next hearing for September 26. Meanwhile, both the Delhi Police and the complainant wrestlers have argued that Singh’s plea is not maintainable.

"Once Trial Started, Can’t Be An Omnibus Order On Everything": Delhi HC Refuses to Quash All FIRs Against Ex-WFI Chief Brij Bhushan | Next Hearing on September 26
Wrestlers Bajrang Punia, Vinesh Phogat, Sakshi Malik, and her husband Satyawart Kadian.

“Petitioner seeks time to prepare a short note raising all the contentions for seeking quashing of the charge sheet and all other proceedings emanating therefrom. Two weeks are granted to do so,”

-the court said.

The plea was opposed by the counsel for the State and the victims who contended that it was not maintainable.

The complaints were made by six women wrestlers and the trial court found that the complaint of one of them was time barred so it framed charges based on the complaints of five victims, senior advocate Rebecca John submitted, adding that,

“this shows there was a deep application of mind”.

Singh’s lawyer, Advocate Rajiv Mohan, defended the plea by alleging that the entire case against his client was driven by a “hidden agenda,” with the complainant wrestlers purportedly aiming to remove Singh from his position as WFI President. Singh’s legal team has sought to quash the entire proceedings, including the First Information Report (FIR) and the trial court’s order framing charges against him.

The case against Singh originated from allegations of sexual harassment made by six women wrestlers, leading to the registration of an FIR against the former Member of Parliament. Singh faces charges under several sections of the Indian Penal Code (IPC), including Sections 354 (outraging modesty), 354A (sexually colored remarks), 354D (stalking), and 506(1) (criminal intimidation).

Additionally, Singh was initially accused under the Protection of Children from Sexual Offences Act (POCSO Act) based on allegations from a minor wrestler, but this complaint was later withdrawn, and the police filed a cancellation report in that specific case.

On June 15, 2023, Delhi Police filed a chargesheet against Singh, concluding that there was sufficient evidence to frame charges. The trial court also found adequate material to proceed with charges against Singh, including the offense of criminal intimidation under Section 506(1) of the IPC concerning two wrestlers.

Alongside Singh, former WFI Assistant Secretary Vinod Tomar was charged with criminal intimidation of one wrestler.

Singh’s plea, however, faced strong opposition from both the Delhi Police and the complainant wrestlers, who contested its maintainability. The High Court ultimately deferred the hearing, instructing Singh to submit a more detailed argument in the form of a short note before the next scheduled hearing.

This development underscores the ongoing legal battle and the scrutiny faced by Singh as he navigates these serious allegations. The High Court’s reluctance to entertain Singh’s plea at this stage reflects the judiciary’s commitment to allowing the trial process to proceed without undue interference, particularly when significant allegations of sexual misconduct are involved.

Click Here to Read Previous Reports on Ex-WFI Chief Brij Bhushan

author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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