“Brij Bhushan Singh Sexual Harassment Case : Delhi Police Asks Delhi Court To Frame Charges” Created

Delhi Police Asserts Sufficient Evidence to Put WFI Chief Brij Bhushan on Trial in Sexual Harassment Case

The Delhi Police has presented its stance to the Rouse Avenue court, stating that there exists ample evidence against the outgoing Wrestling Federation of India (WFI) chief and BJP MP, Brij Bhushan Sharan Singh, to proceed with a trial concerning the sexual harassment allegations leveled by female wrestler

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Public prosecutor Atul Srivastava, while addressing Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal, emphasized that charges should be framed against Mr. Singh and the co-accused, Vinod Tomar, based on the offences detailed in the chargesheet. The Delhi Police had earlier submitted a comprehensive 1,000-page chargesheet on June 15, highlighting the accused’s alleged offences under Sections 354 (assault or criminal force to woman with intent to outrage her modesty), 354A (sexual harassment), and 354D (stalking) of the Indian Penal Code.

Countering the arguments presented by advocate Rajiv Mohan, who is representing the accused, Mr. Srivastava stated that the submissions lacked merit. Drawing attention to the Supreme Court’s judgment in Sartaj Khan vs the State of Uttarakhand, stemming from a 2018 criminal appeal, the public prosecutor remarked

“…qua submissions made by the defense in reference to Section 188 of the CrPC, it is submitted that the bar of Section 188 is applicable when the offence is committed outside India in its entirety and not otherwise.”

Srivastava further argued that the court holds jurisdiction to initiate a trial against Mr. Singh, given that the alleged offences were, in part, committed within Delhi’s boundaries. He also pointed out that the case, falling under Section 354 of the IPC and in conjunction with Section 468(3) of the CrPC, should not face any limitation barriers as suggested by the defence.

Refuting the oversight committee’s report that cleared the accused, Srivastava stated

“The oversight committee report that has exonerated the accused is merely a departmental inquiry and it does not bar the jurisdiction of this court.”

He further emphasized that the court’s primary responsibility is to assess the available evidence under strict prima facie scrutiny, adding that a

“Mini trial cannot be conducted at this stage.”

The Rouse Avenue court has scheduled the next hearing for August 19, during which the complainants’ advocate is expected to present arguments concerning the charges.

author

Vaibhav Ojha

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

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