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Gender and Sexuality Rule of Law

Delhi Court frames charges against BJP MP Brij Bhushan Singh, says it found sufficient material on record to charge with sexual harassment of 5 wrestlers

In addition, the Court also framed charges against Singh for outraging the modesty of women and criminal intimidation

On May 10, Additional Chief Metropolitan Magistrate (ACMM) Priyanka Rajpoot framed sexual harassment charges against Bharatiya Janata Party MP and former WFI Chief Brij Bhushan Singh with respect to five women wrestlers. As per multiple media reports, the Delhi Court declared that it found sufficient material on record to frame charges against Singh for the offences of sexual harassment and outraging the modesty of women under Indian Penal Code with respect to victim no. 1 and 5.

As per a report of LiveLaw, the Court stated that “This court has found sufficient material on record to frame charges against accused no. 1 Brij Bhushan Saran Singh for the offences under Section 354 (outraging modesty of woman) and 354A (sexual harassment) of the Indian Penal Code regarding victims no. 1, 2, 3, 4 and 5.”

In addition to this, Judge Rajpoot said that there is also sufficient material on record to frame charges against Singh for the offence punishable under Section 506(1) (criminal intimidation) of the IPC with respect two wrestlers. However, the judge discharged Singh in the allegations levelled by victim no. 6.

“As regard Victim No 6, Accused No 1 Brij Bhushan Sharan Singh stands discharged,” the Court had noted.

On the other hand, for accused no. 2, namely Vinod Tomar who was the former assistant secretary of the WFI, the court framed charges under Section 506 part 1 (criminal intimidation) regarding victim no 1. For the remaining offences, he stood discharged as per the report.

He is discharged from the offence of abetment with regard to all the accused,” the Court said.

The framing of charges comes after the Delhi Court had dismissed Singh’s application seeking further investigation and examination of evidence in the case and for making further submissions on framing of charges on April 26, 2024. Singh had claimed that he was not in India on the date – September 7, 2022 – in question. Notably, Additional Public Prosecutor Atul Srivastava, representing the Delhi Police, had opposed the application, arguing that the timing of the request was strategic and intended to prolong the case. He had also stressed the potential legal ramifications of reopening the investigation at this stage.

Brief history of the case:

On June 15, 2023 Delhi Police had charge sheeted the BJP MP under Sections 354 (assault or criminal force to woman with intent to outrage her modesty), 354A (sexual harassment), 354D (stalking) and 506 (criminal intimidation) of the Indian Penal Code (IPC). Section 109 (abetment) of IPC was additionally invoked against Tomar. A minor wrestler had also levelled allegations against Singh. However, she later withdrew her complaint and the Delhi Police filed a cancellation report in that case under the Protection of Children from Sexual Offences Act (POCSO Act).

Singh had been given bail by Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal on July 20. Since this case, Singh is yet to see inside the of a jail as he has been out on bail along with co-accused Vinod Tomar.

In the arguments submitted by the Delhi police through Additional public prosecutor (APP) Atul Srivastava that Singh had “outraged the modesty” of the women wrestlers who filed harassment charges against him at every opportunity he got. The APP had also told the court that the former WFI chief “knew what he was doing” and his intention was to outrage the modesty of the wrestlers, which he also tried to cover up. It was further submitted that Singh justified that his acts were carried out in a father-like capacity while reacting to the victims’ statement that Bhushan used to touch their breast on the pretext of checking their breathing capacity.

The BJP lawmaker had been accused of sexual harassment by women wrestlers. The alleged incidents of sexual harassment are said to have occurred between 2016 and 2019 at the WFI office, at Singh’s official residence and also abroad, according to media reports. Notably, in the current Lok Sabha elections, Singh was dropped by the BJP for the Kaiserganj Lok Sabha seat this time and the ticket was given to his son Karan.

 

Related:

Journalist Aman Chopra casually visits a gaushala with sexual harassment accused Brij Bhushan Singh

Wrestler Sakshi Malik quits wrestling as close aid of sexual harassment accused Brij Bhushan gets elected as president

Delhi Police on Brij Bhushan sexual harassment case: “Liable to be prosecuted and punished for sexual harassment, molestation and stalking”

 

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