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”

The post 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 appeared first on SabrangIndia.

Malik, along with wrestler Bajrang Punia and Vinesh Phogat, addressed the media at the Press Club of India in New Delhi. Referring to the position that Singh holds with Brij Bhushan, Phogat said that “He (Sanjay Singh) is Brij Bhushan’s right-hand man. He is more special to him than his own son.” She further said that with Singh becoming the president of WFI, the culture of harassment and abuse of women wrestlers will continue. As per the report of the Indian Express, Vinesh said “Now that he is president, the coming batch of women wrestlers will also fall prey.”

Following this, Malik announced that as a consequence of a close aid and partner of Brij Bhushan succeeding as the president, she will no longer be competing. “If Brij Bhushan Singh’s business partner and a close aide is elected as the president of WFI, (then) I quit wrestling,” she said. With this, she kept her blue wrestling shoes on the conference table. Throughout her address, Malik’s eyes were full of tears.  She also referred to the sit-in protests that were held by the women wrestlers at Jantar Mantar in New Delhi and the support they got from everyone. She said, “We slept for 40 days on the roads and a lot of people from several parts of the country came to support us.” It is pertinent to highlight here that the said sit-in protest had come to an end after Delhi Police had manhandled the women protestors and wrestlers, and had detained them.

The 31-year-old wrestler further said that “We wanted a female president but that did not happen. If the president would be a woman, harassment would not happen. But, there was no participation of women earlier and today you can see the list, not even a single woman was given a position. We had fought with complete strength but this fight will continue. The wrestlers of the new generation have to fight.” 

Punia then addressed the media and underlined the disappointment that the wrestlers were feeling with the government not standing by their word and letting a loyalist of Brij Bhushan be elected. “It’s unfortunate that government did not stand by its word that no Brij Bhushan loyalist will contest WFI election,” Punia said, as per a report of the Hindu. As per a report of the Times of India, during the duration of the lead-up to the elections, the wrestlers had consistently urged Sports Minister Anurag Thakur to prevent individuals associated with Brij Bhushan from participating in the WFI polls.

It is essential to note that Bajrang Punia and Vinesh Phogat did not say whether they will retire from the sport or not. Post the press conference, Malik was seen crying as she left the venue as journalists could be seen chasing behind her.

The other reality of India- sexual harassment accused garlanded

As the news of the election results came forth, along came the video of crackers being burst outside the house of former president and sexual harassment accused Brij Bhushan. The sexual harassment accusation against Brij Bhushan has alleged that since 2014, he had continuously and consistently abused both senior and junior wrestlers. The video, which had been uploaded by the Press Trust of India, then showed Brij Bhushan wearing multiple garlands around his neck, being surrounded by men chanting his name and posing for the camera. Next to Brij Bhushan, the newly elected WFI president, an affiliate of the Rashtriya Swayamsevak Sangh (RSS), Singh could be seen standing with a huge smile plastered on his face. Both Brij Bhushan and Singh could be seen flashing a victory sign at the cameras.

As per a report of Aljazeera, when Brij Bhushan was asked about the decision of quitting taken by Malik after the results of the election came out, he replied “I have nothing to do with it.”

The Aljazeera report provided that in recent months, Singh had actively campaigned for Sanjay Singh to replace him and predicted his victory to the local press. As per a report of Newsclick, while campaigning for Singh, Brij Bhushan had told PTI that “11 months later, today is the election. In the election, Sanjay Singh, in a way, can be described as a representative of the old federation. Sanjay Singh is sure to win the election, ensuring the formation of a new federation for the children. I urge them to create a conducive sports environment as soon as possible and compensate for any losses.”

As alleged by the TOI report, given the tremendous interest the outgoing chief has in the sport, it can be expected that Sanjay will be consulting him in policy decisions.

Reacting to his victory, Singh told members of the media that his securing 40 out of 47 votes by the federation’s member institutions proved that “It’s a very big victory of truth over lies.” As per the Aljazeera report, he told reporters that he was committed to supporting wrestlers, but did not comment on Malik’s announcement. His statement provides the allyship that Singh has with Brij Bhushan.

Support pours in for Sakshi Malik on social media- questioning the government’s inaction

At same press conference that Sakshi Malik had announced her decision to quit wrestling, Sangeeta Phogat, another female wrestling champion who had also participated in the protest, said that “The wrestlers didn’t get justice.”

“It’s unfortunate that such people are getting elected to such positions in the country. Now, girls will be harassed again. It’s sad that even after fighting against it, we couldn’t bring any changes. I don’t know how to get justice in our own country,” Sangeeta Phogat added as per Newsclick.

Olympic boxing medallist Vijender Singh extended his support to Malik and described the election of loyalist Singh a “serious issue”. Vijendra Singh had also joined the protesting wrestlers in their sit-in protest. In his interview to India Today, Vijendra Singh had stated “As a player, it feels very bad because, after a lot of hard work, an athlete reaches that level. She is an Olympic medallist, a Commonwealth Games medalist and an Asian Games medallist. All these wrestlers, including Sakshi, Vinesh and Bajrang, have won medals at the highest level for the country.”

He further added that “When Sakshi said she would quit wrestling because of the way the election took place, I think it’s a serious issue. This raises a lot of questions about the democratic processes involved.”

His video can be viewed here:

VIDEO | “As a player, I can understand the anguish of Sakshee Malikkh as she quit wrestling because she did not get justice from the government in the sexual harassment case. If this can happen with athletes who have brought medals for the country then what will happen with the… pic.twitter.com/ehmgosjTUV

— Press Trust of India (@PTI_News) December 22, 2023

Randeep Singh Surjewala, Congress General Secretary and member of Congress Working Committee (CWC) also gave an interview and called Sakshi Malik’s “retirement” as a black mark in wrestling history. As per PTI, Surjewala said  “Every tear shed by Sakshi Malik, every tear shed by our Olympian daughters of India, every tear shed by every victim of the so called sexual exploitation and complete subjugation of the Indian Wrestling Association is a black blot on the future of India’s sports, particularly wrestling.”

His video can be viewed here:

VIDEO | “Every tear shed by Sakshee Malikkh, every tear shed by our Olympian daughters of India, every tear shed by every victim of the so called sexual exploitation and complete subjugation of the Indian Wrestling Association is a black blot on the future of India’s sports,… pic.twitter.com/DEkiDGfu7t

— Press Trust of India (@PTI_News) December 22, 2023

Farmer leader Rakesh Tikait, who had supported the women wrestlers in their protest against Brij Bhushan, reacted to Malik’s resignation and stated that “She should not have given up, as resigning in disappointment is not the solution. It takes a lot of time to become a successful wrestler, and she should have maintained her wrestling career.”

His video can be viewed here:

VIDEO | “She should not have given up, as resigning in disappointment is not the solution. It takes a lot of time to become a successful wrestler, and she should have maintained her wrestling career,” says farmer leader Rakesh Tikait in response to Sakshi Malik’s retirement… pic.twitter.com/fUpFkH3bcI

— Press Trust of India (@PTI_News) December 21, 2023

Many people also took to social media and released statements of solidarity with Malik, calling it a shameful day for the country.

Who is Sakshi Malik? What was the wrestlers protest?

Sakshi Malik is one of the top wrestlers of India. She has won multiple medals for India- a Gold medal in 2022 Commonwealth Games, Bronze medal in 2018 Commonwealth Games, Bronze medal in the 2016 Olympics, Silver medal in 2014 Commonwealth Games, 4 medals from 2015-2019 in Asian Championships, Gold and Bronze medals in Commonwealth Championship and several other Junior Level International Medals.

On January 18, 2023, Vinesh Phogat and Sakshi Malik, two of India’s most esteemed women wrestlers, came forth with accusations of sexual harassment against BJP MP Brij Bhushan. The accusations of sexual harassment were levied by seven women wrestlers, including a minor against Brij Bhushan and several other coaches. During January 2023, the wrestlers had taken to the streets of Delhi for the first time to demand the arrest of Singh and his removal as the chief. By the end of January, a five-member oversight committee was formed which was headed by athlete Mary Kom. The said committee was given four weeks to complete the investigation into the allegations.

When no steps were taken for four months and the report submitted by the oversight committee was not made public, the wrestlers resumed their sit-in protest at Jantar Mantar in the month of April. They also moved the Supreme Court to get a FIR against Brij Bhushan registered. It was only after the Supreme Court deemed the allegations raised by wrestlers to be of “serious nature” did the Delhi Police file the FIR against Brij Bhushan.

Since the beginning of the protest, the protesting wrestlers faced multiple threats, violence and abuse at the hands of the Delhi police and the government. Nonetheless, the sit in protest had continued for almost 50 days. Their protest was also supported by farmers. On May 28, the protesting wrestlers and their supporters were detained by the Delhi police as they were attempting to march towards the newly inaugurated Parliament building. At the inauguration, which was conducted by PM Narendra Modi, a video of Brij Bhushan being present was also released on social media. The detained protestors were released from police custody the next day. After their release, the protesting women wrestlers had threatened to immerse their medals, but were stopped by farmer leader Rakesh Tikait.

In the month of June, the minor complainant in the sexual harassment case withdrew her complaint and changed her statement. The father of the minor wrestler complainant came out in the open about the threats that he had been facing and the amount of pressure that the family had been under. The father also provided that he was being threatened by people whose names he couldn’t reveal and “his family is living in intense fear”, owing to which he took the complaint back. In the middle of June, the protesting wrestlers had halted their protest after the sports minister had assured them of a police investigation against Bhushan.

A complete timeline of the protest can be viewed here.

Status of the case against Brij Bhushan

Even though a FIR had been filed by the Delhi Police against Brij Bhushan on the order of the Supreme Court, Brij Bhushan is yet to see inside the of a jail. On June 15, 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). He had been given bail by Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal on July 20.

In the hearing of September 23, 2023, during the hearing arguments for framing of charges, the Delhi Police submitted to the Rouse Avenue Delhi court that Brij Bhushan “outraged the modesty” of the women wrestlers who filed harassment charges against him at every opportunity he got. As per a report of India Post, Additional Public Prosecutor Atul Srivastava, representing the Delhi Police, 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. The APP also argued that the actions of the accused were facilitated by the co-accused.

Additionally, the APP also pointed out that there are three types of evidence against Brij Bhushan which are enough to frame charges, which were- a written complaint and two recorded statements under Sections 161 (examination of witnesses by the police) and 164 (statements recorded by a Magistrate) under the Code of Criminal Procedure (CrPC).

Related:

Clear case of re-victimisation: Former SC judge Madan B Lokur on Delhi Police’s handling of women wrestlers case

Protesting wrestlers will resume stir, say govt not ready to arrest WFI chief by June 15

Mumbai: Silent protest organised to condemn the injustice meted out to women wrestlers

FIRs suggest wrestlers had informed PM about their repeated sexual trauma in 2021

The post Wrestler Sakshi Malik quits wrestling as close aid of sexual harassment accused Brij Bhushan gets elected as president appeared first on SabrangIndia.

“I am granting bail on a bond of ₹25,000 each with certain conditions,” Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal said, after having reserved it in the afternoon.

While granting bail, the Delhi court imposed two conditions on him: to not leave the country without its prior permission, and to not offer any inducement to witnesses in the case. It is essential to emphasise here that the minor wrestler complainant had withdrawn her complaint against Singh citing threats and fear of life. Nevertheless, the accused were granted interim bail.

Neither opposing nor supporting the application: Delhi Police

While the hearing for the grant of regular bail to the accused was going on, the public prosecutor, representing Delhi Police, asked the court to try the accused as per law and impose certain conditions if relief was granted.

Shockingly, when the court asked the prosecutor if he was opposing the bail application, he said, “I am neither opposing nor supporting.” The prosecutor further told the court that “Application should be dealt as per law and the order passed by the court.”

It is essential to highlight here that based on the chargesheet, filed on June 13, the Delhi Police had said that in view of the “investigation so far,” Singh is “liable to be prosecuted and punished for offences of sexual harassment, molestation and stalking”. And sadly, today, they did not even oppose the bail petition.

Accused is very influential: Counsel for the complainants

The counsel who appeared for the complainants opposed the application of Brij Bhushan, saying the accused was very influential. “Bail should not be granted. If at all it is granted, strict conditions must be imposed. Witnesses have been approached from time to time, no threat though,” he told the court. Brij Bhushan’s counsel then told the court that he will abide by all conditions.

Background of the case:

On July 18, a Delhi court had granted two-day interim bail to Singh and Vinod Tomar in the said case. Notable, the Delhi Police filed a charge sheet against a six-time MP under several sections of the Indian Penal Code (IPC). The sections include 354 (pertaining to assault or criminal force on a woman with the intent to outrage her modesty), 354A (related to sexual harassment), 354D (concerning stalking), and 506 (relating to criminal intimidation).

Related:

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

Delhi police file chargesheet against BJP MP Brij Bhushan, submits cancellation report in POCSO Case

Coach accused of threatening Brij Bhushan complainants was also named in a wrestler’s 2017 sexual harassment FIR

Warning or threat, accused MP Brij Bhushan Sharan Singh sends ‘message’ to BJP’s top brass: UP

Delhi Police informs of formation of SIT in the case of sexual harassment allegations being levelled against Brij Bhushan Singh

Committee gives May 21 deadline for arrest of Brij Bhushan; its our protest not “hijacked”by farmers: Vinesh Phogat

The post From “liable to be prosecuted” to “neither opposing nor supporting bail”: The curious case of Delhi Police appeared first on SabrangIndia.

It is essential to note here that the said charge sheet had been filed by the police on June 13, after India’s top wrestlers had organised a sit-in protest at Jantar Mantar in New Delhi, led by prominent wrestlers such as Vinesh Phogat, Sakshi Malik, Bajrang Punia, for over 37 days and raised their voices against the lack of action initiated against their complaints of sexual harassment against Singh. The protest, which began April 23, lasted until the police detained them for violating law and order for attempting to organise a gathering in front of the new parliament on its inaugural day on May 28. It is further crucial to highlight here that in the month of April, the wrestlers had to approach the Supreme Court to get the Delhi Police to register the first information report against Singh.

Initially, seven wrestlers, including a minor had lodged a complaint against Singh’s alleged misconduct; however, days later the minor complainant withdrew her statement before a district magistrate. The Express report provides that across six cases, the police has invoked Sections 506 (criminal intimidation), 354 (outraging modesty of a woman); 354 A (sexual harassment); and 354 D (stalking) in the charge sheet. Furthermore, it has also been flagged in the said charge sheet that in one case, Singh’s harassment was “repeated and continuing”. It is essential to highlight here that if convicted, these charges could lead to a potential prison sentence of up to five years.

The Indian Express report added that Delhi police has requested the court to summon Singh and the witnesses. As per the charge sheet, the police spoke to 108 witnesses of whom 15, including wrestlers, coaches, and referees, corroborated the allegations made by the wrestlers.

As reported by the Express, according to an annexure in the charge sheet, in his questioning by the Delhi Police, Singh denied all allegations and claimed he had never met the wrestlers and didn’t have their phone numbers.

Singh was summoned by Delhi’s Rouse Avenue court in the matter on Friday, July 7, which had noted that there was enough evidence against Singh to proceed with the case. He has now been directed to appear before the court on July 18.s

Singh’s reaction to the charge sheet, misbehaviour with a female journalist on camera

Pursuant to the filing of the charge sheet, a video showing Brij Bhushan Sharan Singh misbehaving with a female journalist from Times Now has gone viral over social media. In the said video, Singh can be seen walking out of Delhi airport with body guards, when a female journalist from Times Now asks for his comment over the charge sheet filed against him. At first, Singh denies to make any comment. When she asks sexual harassment accused Singh on whether he will be resigning from his post as a minister with the BJP party, Singh starts screaming at the female journalist and misbehaving with her.

The reporter then highlights what has been mentioned in the charge sheet, that Singh had continuously sexually harassed one of the complaints, the BJP MP, who was getting in the car, tries to shut the car’s door on the hands of the reporter. As the reporter does not bow down and continues with her questions, Singh then closes the door with such intensity that the mic in the hands of the female journalist breaks.

The video can be viewed here:

VIP Arrogance on Cam!

Brij Bhushan Sharan Singh “misbehaves” with TIMES NOW’s team and breaks the mic when asked tough questions by TIMES NOW’s @tejshreethought – WATCH. pic.twitter.com/XgWhs9KcM1

— TIMES NOW (@TimesNow) July 11, 2023

Related:

Clear case of re-victimisation: Former SC judge Madan B Lokur on Delhi Police’s handling of women wrestlers case

Protesting wrestlers will resume stir, say govt not ready to arrest WFI chief by June 15

“I changed my statement because I was scared, my family is living under constant threat”: father of the minor wrestlers’ complainant

From deathly silence to violence: The journey of wrestlers struggling for justice

Protests erupt at Delhi police violent crackdown on Women Wrestlers, FIR, and nationwide outrage

Attempt to Drown out Wrestlers’ Protest with Song and Dance About ‘Temple of Democracy’

When Will Society Hold Men Accountable for Patriarchy

WFI leadership accused of sexual harassment by Indian women wrestlers, absence of redressal mechanisms the focus

Battling the Indian sports industry: the cries for justice by women

The post Delhi Police on Brij Bhushan sexual harassment case: “Liable to be prosecuted and punished for sexual harassment, molestation and stalking” appeared first on SabrangIndia.

The post Delhi police file chargesheet against BJP MP Brij Bhushan, submits cancellation report in POCSO Case appeared first on SabrangIndia.

Justice Lokur was speaking at a webinar on ‘The Wrestlers’ Struggle: Accountability of Institutions’ organised by ANHAD and the National Alliance of People’s Movement (NAPM). Other than him, Supreme Court advocates Vrinda Grover and Shahrukh Alam, and senior journalist Bhasha Singh were also a part of the panel. The programme was moderated by Anjali Bhardwaj, a transparency activist and founder of the Delhi-based Satark Nagrik Sangathan (SNS).

Justice Lokur questioned Delhi Police’s handling of the sexual harassment complaint 

Questioning the modus operandi of the Delhi Police while investigating the allegations, and their demand for “concrete evidence” in the form of audios or visuals, Justice Lokur said, “There was a peaceful candle march at Jantar Mantar in May. Later, the police came up with the idea to talk to 100 witnesses. Why was this necessary? It is not as if there was a whole crowd watching the sexual harassment of these girls. Now, the police say that they need audio and video evidence. What is going on? This is not done on the streets but behind closed doors. The investigation is for finding evidence. Otherwise, why have an investigation? The police could be handed all the material to prosecute the fellow and send him to jail.”

Justice Lokur also expressed his surprise over the criminal charges of disturbing the law and order and rioting that were levelled against the protesting wrestlers after they had been detained by the Delhi Police on the day that the new parliament building was inaugurated. He said that the wrestlers who were been protesting against the alleged inaction of the State machinery were ill-treated by the Police. He said that “The complaint of rioting has not been withdrawn. Theoretically, therefore, now these wrestlers who came there as victims of crime have now become the accused. Look at the turn of events. The police also said that they could not come back to the Jantar Mantar to protest,” the retired judge said. 

He also accused the Delhi Police of being complicit, saying, “It is quite obvious that the police is mixed up. They do not want allegations to be proved and they don’t want the investigation to proceed.” 

He further questioned the fairness of the investigation being conducted in the said case. He provided that it has been reiterated and emphasized by the Supreme Court that the investigation of the police needs to be conducted independently, and yet the sports minister know when the report was going to be submitted. Justice Lokur said said, “When the wrestlers threatened to immerse their medals in Ganga as an act of protest, the sports minister assured that the probe would be completed by June 15. But, the question is, how did the minister know? This is something which only the investigating officer, or his superior, could say. Therefore, something is going on behind the scenes. This is very serious because the Supreme Court has said, in a number of judgments, that no one can interfere with an investigation. Not even the Supreme Court. Whether there has been any interference needs to be investigated, not that anyone will. But this is disconcerting to say the least.”

Justice Lokur expressed dissatisfaction over the decision to close the case by the SC

As stated by Justice Lokur, the Supreme Court of India ought to have monitored the investigation carried out by the Delhi Police into the allegations of sexual assault and criminal intimidation Singh. Notably, the women wrestlers had moved the top court seeking registration of an FIR against Singh. On April 28, the Delhi Police had informed a Bench led by CJI DY Chandrachud that an FIR had been registered in the matter. On May 4, the Court closed the wrestlers’ petition taking note of the fact that the Delhi Police has already registered an FIR. The Supreme Court had then turned down women wrestlers’ demand for a court-monitored probe into their allegations of sexual harassment against Singh and closed the proceedings on their petition “for now”, saying an FIR had already been lodged against him. However, it had given liberty to the petitioners to move the jurisdictional magistrate court or the high court for further relief.

Criticising the Court’s approach, the former Supreme Court judge said that the court should have asked the Delhi Police as to why the wrestlers “had” to move the Supreme Court to get an FIR filed in the first place, and should have monitored whether the police is performing their other duties or not. In addition to this, Justice Lokur also expressed his concerns about the fairness of the police investigation, highlighting, in particular, the ‘threat perception’ that  which the Supreme Court had itself acknowledged when it directed one of the complainants, a minor girl, to be provided with security:

“The petition before the Supreme Court questioned why an FIR had not been registered despite it being a cognisable offence. The court issued notice to the police in April and then they come out very magnanimously and agreed to register an FIR. This suggests that there was some substance in the complaint. The first thing the Supreme Court ought to have done is ask why an FIR had not been lodged before the matter was listed, which it did not do. In an affidavit, the court was also informed that there was a threat to the life of the wrestlers. On the next date of hearing, the bench directed police protection to be given which suggests that the life threat indicated to SC was perhaps real. Before the hearing, there was a scuffle that took place in Jantar Mantar where some drunk police officials manhandled the wrestlers, which the court must have been aware of since news about the incident was published in the newspaper. However, during the hearing, the bench said that the petitioners could approach the jurisdictional magistrate or the Delhi High Court in case of anything further. This should not have been said by the Supreme Court.”

Justice Lokur proceeded to substantiate his stance by saying:

“The whole thing suggests that the Delhi Police was slow and the wrestlers were under a threat, which the Supreme Court accepted. Keeping in mind the delay in lodging an FIR, even though it was a case of aggravated sexual assault, and the threat perception, the Supreme Court ought to have monitored the investigation so that nothing goes wrong. The Supreme Court has in the past monitored investigations, not with the view to see that the persons against whom the cases are filed are convicted, but to see that things don’t go wrong, especially in cases involving politically well-connected persons such as the Jain Hawala case in the 90s…In some other cases also because of the nature of the case or persons involved, the court monitors the investigation to see that it does not get derailed. In my view, the court did not fully appreciate the position when they decided to not monitor the investigation. I think they should have.”

Justice Lokur on the Oversight Committee:

Besides this, the former judge also questioned the government’s refusal to make the report of the oversight committee publicly available. According to him, the main driving point behind the wrestlers approaching the Supreme Court was the failure of the government to ‘make public’ the report of an oversight committee established to look into the allegations against Singh as well as the Delhi Police’s refusal to file a first information report (FIR). 

 “The contents of the report were a big secret to everyone, but why? An adverse presumption could be drawn here, as lawyers put it. The first thing that would have been done if the report was in favour of the accused person was that it would have been made public. Therefore, the first presumption is that the report is against the person against whom allegations have been made. The refusal to make the report public, and register and FIR were what drove the wrestlers to protest on the streets.”

Justice Lokur said that the complainants were re-victimised in this case

Earlier this month, in a shocking yet no so surprising turn of events, the father of the underage wrestler, on the strength of whose complaint a case under the Protection of Children from Sexual Offences (POCSO) Act was registered against Singh gave another statement alleging that no sexual harassment had been suffered by the minor wrestlers at the hands of Singh. He said that he and his daughter had made ‘false allegations’ against the WFI president, while also openly talking about the threats and fear their family was facing. With respect to this, Justice Lokur said:

“The minor was interrogated in the presence of four constables for about five hours – till 9:30 PM. What was the need to interrogate for this long when she has already given a written statement? This is nothing but re-victimisation. You have said this. Now, prove what you have said. This is what re-victimisation is all about and all courts have come down heavily against it. Why could they not have proceeded on the basis of the statement made by the minor to a magistrate under Section 164 of CrPC? Another girl was taken to the office, which they said was the scene of the crime. The scene of the crime is the person! It is the complainants’ bodily integrity that has been tampered with. What else is re-victimisation?”

With respect to the police’s intention to secure testimonies of witnesses from foreign countries where the crime was allegedly committed by Brij Bhushan, Justice Lokur said, “Can this be secured by June 15? The sports minister’s assurance has no meaning. Secondly, what kind of information are they hoping to get? These incidents – the sexual assault, stalking – did not take place in public.”

Justice Lokur further said that “Rather than investigating the offence that has allegedly taken place, it seems directed to showing that the accused is innocent and that the wrestlers – including the minor – are saying something false. This appears to be the purpose. Investigations must be fair and unbiased. They cannot take place when persons are under threat. Assuming the matter goes to court, any defence lawyer worth their salt will be able to shred the case to pieces with this background. They will either say that the accused is not guilty or is entitled to the benefit of the doubt. That is the end of the story.”

Justice Lokur on arresting POSCO and sexual harassment accused Singh

“It appears to me,” the retired judge said, “That what is going to happen is a foregone conclusion.” He added, “Brij Bhushan is a powerful, well-connected person, who has not been arrested despite the allegation being one of aggravated sexual assault. He is out there making speeches. Evidence shows that witnesses have been threatened – maybe not by Brij Bhushan directly. Evidence is being tampered with, with the minor and her father going back on their initial statement being an indication of this. In this country, even a person who does not have a passport is arrested, despite not being a flight risk. All the events must be looked at as a whole, and not in isolation.”

During the said webinar, Justice Lokur also pointed out that the WFI did not have a committee to deal with complaints of sexual harassment, as has been mandated by law.

(This copy is based on reports published by LiveLaw and other media)

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The post Clear case of re-victimisation: Former SC judge Madan B Lokur on Delhi Police’s handling of women wrestlers case appeared first on SabrangIndia.

On Sunday, June 11, Singh organised a 50-jeep, roadshow that ran for 35 kilometres in his eastern Uttar Pradesh constituency of Kaisarganj before he addressed the  rally. The ostensible reason was to laud the performance of the nine-year-old Modi government, which Singh did, his shawl sporting an image of a the shawl-clad Modi himself.

Interestingly, at this rally organised by the Bharatiya Janata Party to give their sexual harassment-accused MP a platform, Brij Bhushan Sharan Singh said that will be contesting the 2024 polls despite the serious allegations made against him by several of India’s medal-winning wrestlers. The ‘Mahasampark Abhiyan’ was organised to celebrate nine years of the Narendra Modi regime.

Several BJP leaders from Uttar Pradesh shared the stage with Singh in Gonda, and the chief guest was Mohan Yadav, minister of state for higher education in Madhya Pradesh. Singh wore a scarf with Prime Minister Narendra Modi’s face on it.

On being asked at the rally about whether he will contest in 2024, Singh said, as reported in The Hindu, “Kaiserganj se chunav ladunga (I will contest election from Kaiserganj).” He also claimed that the BJP would win all Lok Sabha seats in Uttar Pradesh. “The BJP will form a majority government in 2024 under Modi ji’s leadership,” he continued.

“The main objective is to tell Prime Minister Modi and Union home minister Amit Shah that he is in a position to damage the BJP’s prospects in Kaisarganj, Gonda, Balrampur, Faizabad and Shravasti constituencies, from where his supporters came to participate in the public meeting held after the road show,” the associate, who didn’t want to be identified, said.

Singh’s fate hangs in the balance till June 15.

One of Singh’s team told The Telegraph, that the objective was to show the BJP’s central leadership that Singh enjoys large-scale political clout in his region. “The main objective is to tell Prime Minister Modi and Union home minister Amit Shah that even after the serious allegations against him being made public, he is still in a position to damage the BJP’s prospects in Kaisarganj, Gonda, Balrampur, Faizabad and Shravasti constituencies, from where his supporters came to participate in the public meeting held after the road show,” the aid said.

The motive behind the regime’s reluctance to act against the UP strongman is clear. The Modi government has so far stonewalled the wrestlers’ demand to have him arrested, apparently because it believes he can deliver the BJP a handful of seats in next year’s general election.

Just last week, Union Sports minister Anurag Thakur has assured the wrestlers that the Delhi police, who report to the Union home ministry, would complete their probe by June 15 and file a chargesheet. The associate further said Singh was aware of speculation that Modi and Shah might ask him to resign as MP, and that Shah might ask the police to arrest him. “But he is not ready to submit. In fact, he has defied party rules by declaring at the rally that he would contest from Kaisarganj in 2024,” the associate said.

A poll committee formed by the BJP before elections is alone authorised to pick the candidates. The roads along Singh’s jeep rally from his home in Vishnoharpur village to Balpur were largely empty. The saffron-clad MP stopped at about 10 places to be garlanded by a few dozen waiting supporters.

The public meeting that followed at Balpur, held ostensibly to celebrate the Modi government’s completion of nine years, attracted about 10,000 people. The six-time MP read out a Hindi couplet at the beginning of his speech and then declared: “I will contest again from Kaisarganj.”

The couplet was about continuing affection amid betrayal, but Singh refused to explain its significance to reporters after the event. “This is how I am,” he said and got into his car. Mohan Yadav, minister of state for higher education in Madhya Pradesh, was the chief guest at the meeting and several local BJP leaders were on the dais. 

Ask Amit Shah: Vinesh Phogat

Meanwhile, Vinesh Phogat, the double world medallist, on Sunday joined the protesting farmers in Punjab and on her way spoke to the media at Khatkar Toll Plaza in Haryana, PTI reported. Asked about the meeting the wrestlers had with home minister Shah, Phogat said: “They had given a few proposals that they can do that much for us but except the arrest of Brij Bhushan, everything is happening.”

When questioned on why Singh is not being arrested, the firebrand wrestler said: “You have to ask Amit Shah, why he (WFI chief) is not being arrested. He is such a powerful man that the government is trying to shield him. So getting him arrested is not easy but we are continuing our fight.”

There is speculation, the aide said, that Modi and Shah may ask Singh to resign or even order his arrest – but Singh is unwilling to accept this. “But he is not ready to submit. In fact, he has defied party rules by declaring at the rally that he would contest from Kaisarganj in 2024,” the associate told The Telegraph.

Singh did not directly talk about the allegations against him or the wrestlers’ ongoing protest, but started his speech with a couplet suggesting that he is the one being victimised. “Kabhi ashq, kabhi gham, to kabhi zeher piya jata hai. Tab jakar jamane me jiya jata hai. Yeh mila mujhko mohabbat ka sila, bewafa kehke mera naam liya jata hai. Isko ruswai kahen ki shohrat apni, dabe hontho se mera naam liya jata hai [Sometimes you drink tears, sometimes sadness, and at times poison. Only then do you live in society. This is the reward I have received for my love; they call me unfaithful. Call it notoriety or fame, they take my name with pursed lips].”

Announcing Sunday’s rally last week, Singh had said on Twitter, “I am organising a huge rally on June 11 at 10 am. This program is proposed at Shri Raghuraj Sharan Singh Mahavidyalaya, next to Balapur on Gonda-Lucknow road. All the supporters, workers, present and former office bearers of the party, respected Pradhan, Chhetrapanchayat members, block chiefs, presidents of municipalities, councilors, district panchayat members, district panchayat presidents and MLAs are cordially invited in the rally.”

Earlier, Singh had cancelled a rally planned in Ayodhya.

It is crucial to remember that Singh, who was the president of the Wrestling Federation of India, is currently facing criminal charges based on complaints of seven women wrestlers that he sexually harassed them. Wrestlers have been protesting against the government’s alleged inaction against the MP since January 2023. During recent discussions with Union home minister Amit Shah and sports minister Anurag Thakur, the wrestlers were reportedly promised that the police would complete its probe by June 15.

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The post Warning or threat, accused MP Brij Bhushan Sharan Singh sends ‘message’ to BJP’s top brass: UP appeared first on SabrangIndia.

On late hours of Thursday, news of the minor complaint’s father issuing a “confession” hit the headlines, just a day after a false news was circulated that the minor has withdrawn her complaint. In the said statement, the father of the minor wrestler has also confessed to levelling a false sexual harassment allegation against Singh because he wanted “revenge” for his daughter’s rejection in the U-17 Asian Championship.

“I was filled with rage that my child’s one-year hard work had gone down the drain because of that referee’s decision in the final and I decided to take revenge,” he stated to PTI.

The father of the minor had also stated that his anger was directed towards the WFI chief because the referee was selected by Brij Bhushan Singh. “The federation appointed the referee (in the match against the minor wrestler which she lost). Who heads the federation? Who else should I be angry at?” PTI quoted the father of the minor, as saying. It is pertinent to noted, that it was based on the said complaint filed by the father of the minor that a second FIR was filed against Singh on April 28 at Connaught Place police station under IPC sections 354, 354(A), 354(D), 34 and section 10 of the Protection of Children from Sexual Offences (POCSO) Act.

The minor’s father, also the complainant, in the FIR had narrated in detail several instances when his daughter was allegedly sexually harassed by the WFI chief. He had claimed that Mr. Singh had “touched her inappropriately” and asked her to “support him, if she needed his support”. He had also alleged that his daughter was “completely disturbed and cannot be at peace anymore …sexual harassment by the accused (Singh) continues to haunt her”. The father also alleged that Brij Bhushan forcefully pulled his daughter towards him and molested her.

He also alleged that Singh had discriminated against his daughter. “To my utter shock, my daughter was hugely discriminated against,” he had said in the FIR.

However, after multiple reports claimed that the girl had withdrawn the complaint and a lot of confusion was created, the minor complainant’s father had told The Hindu that they recorded a fresh statement denying any incident of sexual harassment. However, it has been provided by the father that they have not withdrawn the complaint where they have alleged that Singh discriminated against his daughter.

He said, “We have not taken back any complaint, we have just recorded another statement before the magistrate on June 5, where we have alleged that he discriminated against her when it came to wrestling, and he did not sexually harass her,” the Hindu reported. On being asked why he filed the false case, the girl’s father said “he was fuelled by anger against him because his daughter lost in last year’s trial match”. “We are telling the truth so that it comes out while investigation is under way,” he added.

Elaborating on the same, he said, “My daughter was deliberately made to lose because of the staff that was on duty and the opponent, and everybody hailed from Delhi, which isn’t right according to the rules. I did complain regarding the discrimination to the Federation, but nobody heard me,” as provided by the Hindu. He said he was angry. “I felt disheartened and I was angry and why shouldn’t I be? Mr. Singh was biased against her, I had to sell my house to train my daughter. We only had three options: to get her married, educated or get her into sports. Now, we don’t know what her future will be.” “I understand that we made a mistake and we would like to rectify it,” he said, adding that the referee’s decision, in the trial match, was influenced by Singh.

“The police complaint that we have given, is somewhat true and partly false and we’ve cleared everything that is right and wrong,” he said. When the Hindu asked him about the allegations that his daughter isn’t a minor, he asserted that she is a minor and that they have provided the investigators with “legal documents pertaining to her identity”.

On Singh, the minor’s father said that he has “nothing against him, apart from the anger over how his daughter was treated”. “I will continue to stand with the wrestlers, who have always supported us since day one. What happened to the women is wrong,” the father of the complaint said.

Minor cannot ‘withdraw’ complaint against Brij Bhushan: Lawyer Vrinda Grover explains

Speaking to The News Minutes, and commenting on whether the reported retraction of allegations by the minor is contradictory, Vrinda Grover explained how this is the most normal, natural, and commonsensical thing to happen. Even if the minor did give another statement to the magistrate, lawyer and activist Vrinda Grover points out that calling this a “withdrawal” of the charges or complaint is a legal fallacy. She also said that since a large section of the media panders to the Union government’s power, such reportage creates confusion in the minds of people.

The minor and six other wrestlers had previously filed complaints against Brij Bhushan in April 2023. Speaking to TNM, Grover elaborated that statements by the minor wrestler, are deposed before a magistrate under Section 164 of the Criminal Procedure Code (CrPC). “All 164 statements carry evidentiary value because they are made to a magistrate and signed by the maker of the statement. But such statements still have to be examined before a criminal trial court for their veracity to be established. No complainant can simply give a statement contradicting their previous one and take back their complaint or allegations. Such reportage by the media is not only the wrong interpretation of the law but also confusing,” she said.

“No matter how many statements the complainant gives, she will have to step into the witness box before the court and speak under oath. Since here the complainant is a minor, she will be given the required privacy and witness protection, and her statements will be examined by the court to arrive at their validity. So this is not a “withdrawal” of a complaint or evidence of the accused’s innocence. Once an FIR is filed in a criminal case, it has to be adjudged by a court of law. A crime is considered a wrong against society and the state is duty-bound to prosecute the accused before the law,” she added

Unveiling the fear that victims and survivors face

‘Changed my statement because I was scared’

While most of the media is focusing on the “confession” given by the father of the minor complainant’s father, and the withdrawal of the sexual harassment allegations against Singh, not much attention is being given to real confession that the father made, which is the pressure and threats that the family has been facing since they came out with their story. The father has revealed that he has been living in fear and was threatened. “I changed my statement in court not because of greed but because I was scared… scared for my family, daughter and myself. Many lives have changed since we raised the allegations. I have to face the society and the people, I was threatened by people, whose names I can’t reveal, and my family is living in intense fear. If anything happens to me or my daughter, how will we live?” he had told The Hindu.

This was not the first time that the minor complaint and the six other women wrestlers have come out and raised the issue of threats of dire consequences and inducements of money were being made to them. Even on the third day of the protest, the two-time World Championship medallist Vinesh Phogat, who has been leading the wrestler protest, said threats were being made to ‘break the resolve’ of the complainants. Tokyo Olympics bronze medalist Bajrang Punia had also accused Singh’s coterie of threatening the family of the minor, the result of which can be seen today.

“They are trying to threaten the minor victim and pressure is being put on the family members to withdraw the complaint. We have learned that one of the people threatening them is a coach who is a Dronacharya-award winner and the other is the secretary of the Haryana Wrestling Association. They went to her house and are putting pressure on the family and also offered money. They want her to take the complaint back. Those women wrestlers who have filed complaints against the WFI president are being threatened too,” Bajrang had said as had been reported by the Indian Express.

Yesterday, after the father of the minor gave the above-mentioned statements, Phogat tweeted the following on her Twitter handle: “Will the daughters get justice in the atmosphere of fear and intimidation???” Vinesh wrote

In another tweet, she said, “May these daughters not lose courage one by one because of the delay in this fight for justice??? God give courage to all.”

It will not be a reach to say that considering the amount of state-sanctioned abuse, violence and pressure was being meted out to the protesting wrestlers, this particular piece of news did not surprise anyone, but rather re-iterated the power that men like Singh, and those supporting, him have in our country. The power exerted by this man is such that no arrest has been made, and rather it is the complainants only who are suffering. Besides, this this is not the first case where the complaint has redacted their statements, succumbing to the political and societal pressure put on them, as was witnessed in the Gujarat 2002, Vadodara’s famed Best Bakery case and the Sohrabuddin Sheikh extra judicial killings case. While in the first, Best Bakery, following a Registrar General, Supreme Court’s inquiry, the circumstances that caused prime witness Zahira Shaikh to commit perjury were revealed and she was ordered to serve a year’s of simple imprisonment, the Sohrabuddin case simply fell through the cracks with justice an elusive commodity.

It is a shame that a minor woman, who found the strength to fight against the wrongdoings committed by a powerful and politically backed man against her consent and her body, had to take a step back owing to the threats faced by her and her family.

Questions should now be raised over the continued delay in the arrest of the WFI chief and filing of the charge sheet. Additionally, a need for conducting an inquiry to probe the delay in the case has arisen, to investigate the circumstances leading to this situation where witnesses are being compromised.

Is the police bound by the statement of the father of the complainant?

It is essential to note that even after the father of the complainant has issued the above-mentioned statements, the Delhi police can still proceed with its probe. The statement of the father will not held to be “decisive” of the said case as one the FIR was lodged, the State took over the case and was pursuing it. Thus, the Delhi police is not bound to accept the statement of the father, and it can still pursue the case because the statement of the minor is already there on record under Section 164 of Code of Criminal Procedure (CrPC). Notably, a statement recorded before a magistrate under Section 164 is admissible in court.

The statement of the father will now act as an additional element which the police may look into, and if it finds that the case is false, then it can take action as required by law. Therefore, the power resides with the police to investigate whether this withdrawal by father of the complainant is genuine or coerced, and whether it amounts to perjury or not.

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Past midnight Tuesday, June 6-7, Thakur tweeted that the government was willing to have a discussion with the wrestlers over their issues. “I have once again invited the wrestlers for the same,” he had tweeted. The meeting was called by Thakur to discuss the “issues” that the wrestlers had as well as their long-standing demand for arrest of Singh over the sexual harassment and POCSO charges levied against him.  Even after facing so many hardships, the wrestlers have been adamant that they will continue their agitation till Singh, who they have accused of sexual harassment, is arrested.

Before the meeting, Sakshi Malik, who is one of the wrestlers leading the said protest, said that they will not agree to just about anything that the government had to offer. She clarified that their protest would continue till their demand for quick action against Singh was met. Malik has led the protracted agitation against Singh, a powerful Rajput leader from Uttar Pradesh, along with Bajrang Punia and Vinesh Phogat.

After the decision to attend the meeting was taken, the wrestling coach and Dronacharya awardee Mahavir Singh Phogat said that the government’s offer for talks was a good sign. “The government has woken up after so many days. A solution must come out now,” as was reported by the news agency ANI.

“The wrestlers look positive in their approach. We are hoping for a resolution today. The idea is that the sport should not suffer,” said a sports ministry official ahead of the meeting, as reported by the Siasat Daily.

Bajrang Punia, Rio Olympic bronze medallist Sakshi Malik and her wrestler husband Satyawart Kadiyan, were a part of the meeting at the minister’s house. Notably, Bhartiya Kisan Union (BKU) leader Rakesh Tikait, who has been supporting the wrestlers in their protest, was not a part of today’s meet.

As reported by the Siasat Daily, in their meeting with Thakur, the wrestlers put forth five demands to the sports minister which are as follows:

• The wrestlers stressed on their primary demand that the accused WFI president be arrested on the charges against him.
• Free and fair elections to be held at the WFI as well as the removal of corruption-accused leaders and better management.
• A woman be made the head of the wrestling body.
• Brij Bhushan and his family be kept away from the wrestling body and its elections.
• Revocation of the FIR filed against them for violation of law and order, after a brawl with the police amid their march towards the new Parliament house on the day of its inauguration.

After the second round of meetings between the government and protesting wrestlers in a space of five days, it has been reported that the government is willing to accept most of their demands, yet the arrest of Singh remains a major bone of contention. No official statement has yet been evinced from the government after the said meeting. Since the wrestlers have refused to bow down regarding these demands raised by them, all eyes are on the government, to see whether they will stand behind the daughters of India, or against them.

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The main objective behind holding the said protest was to support the protesting sportswomen, who have spent their lives bringing glory to the country, and are now being denied justice while those who have exploited them are roaming around Parliament House in Delhi. To condemn such inhuman treatment meted out to these sports women who are fighting for their demands through constitutional means, the citizens of Mumbai participated in the said protest.

The protest was attended by almost 150 people, most of whom were women. These participants were from both Congress and non-Congress background, with Congress workers being present in majority. In addition to them, groups of young girls and boys were also participating in the said protest, representing National Students’ Union of India and Youth Congress.

At the protest, many participants expressed their anguish regarding the support and protection that the current BJP government has been offering to the accused Brij Bhushan. Notably, the BJP government has refused to issue any statement in this issue and no step has been taken towards arresting Singh, even after having been booked under the POCSO Act. Furthermore, the people in attendance expressed a desire for societal change. The young people in presence expressed concern about a future in which girls did not feel safe enough.

People who had been or were still athletes expressed a strong desire to stand in solidarity with the wrestlers. A boys’ soccer team and a girls’ running team had travelled all the way from Sholapur to attend the protest. They stated how their parents are now hesitant to allow their daughters to travel, even if it is required. They relished their freedom and wished the same for all women, and were present at the protest to advocate for the same.

A couple of police personnel were present at the venue too. The police officers vehemently condemned Singh too, and referred to cases of Hathras and Unnao, both of which were cases of brutal crimes committed against the bodies of women. They expressed sadness at the way things are being handled. MLA Ms. Praniti Shinde, Mahila Congress head Ms. Anisha Bagul and other senior members from both Maharashtra and Mumbai units were also present. There was significant media, Amar Ujala, Aaj Tak, Saam and others, present at the protest.

The pictures from the protest can be viewed here:

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FIRs suggest wrestlers had informed PM about their repeated sexual trauma in 2021

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The post Mumbai: Silent protest organised to condemn the injustice meted out to women wrestlers appeared first on SabrangIndia.