Outgoing Wrestling Federation of India (WFI) chief and BJP MP Brij Bhushan Sharan Singh, an accused in a case of alleged sexual harassment of women wrestlers, submitted in a Delhi court that “hugging or touching a woman without sexual intent is not an offence”. Mr. Singh’s submission came on the first day of a hearing on Wednesday to decide if charges need to be framed against him in the case.
Mr. Singh, who was present in the court of Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal, opposed the framing of charges against him through his lawyer, advocate Rajiv Mohan.
Mr. Mohan submitted that Mr. Singh hugged the wrestlers as he took pride in their performance. “They were someone he knew for many years and have mentored them. Winning a medal was a moment of pride for the country and that hug was just an expression of his happiness. This is why we maintain that he had no intent of sexual harassment.”
Mr. Mohan also told the court that as per Section 188 of Code of Criminal Procedure (CrPC), the trial against his client cannot be initiated without prior sanction by Central government. He maintained that the Magistrate can only take cognisance of the crime but cannot proceed with the trial.
Another submission was that if an internal committee or departmental inquiry conducted against Mr. Singh had exonerated him or if offences are not substantiate, then no criminal proceedings can take place against him.
The submission argued that the court can’t take cognisance of the offences owing to expiry of limitation period (time limit within which a person can approach the court) since the allegations pertain to the period of 2017-18, barring one. “...The police report does not furnish any sufficient explanation for the said delay and no generic explanation can be accepted to condone the delay,” it said. Mr. Mohan further said the court lacks territorial jurisdiction as the alleged offences were committed outside India.
No arguments were made by the State in the trial which is expected to continue till August 11.
The court last month granted bail to Mr. Singh and co-accused Narendra Tomar with conditions.
For months, several Olympic and World Championship medal-winning wrestlers including Sakshi Malik, Vinesh Phogat, Bajrang Punia, and Sangeeta Phogat, had protested in New Delhi demanding the arrest of Mr. Singh for allegedly sexually harassing several women grapplers, including a minor.
The Delhi Police only filed an FIR after the intervention of the Supreme Court last month. A 1,000-page chargesheet by police accused Mr. Singh and suspended WFI official Mr. Tomar of offences like outraging modesty, making sexually coloured remarks, stalking, and criminal intimidation.
The minor wrestler later took back her complaint and changed her statement following which police filed a closure report.
