The Delhi Police, on Saturday, urged the court to frame charges against former WFI chief Brij Bhushan Sharan Singh in the case registered by women wrestlers for alleged sexual harassment. "Delhi Court has jurisdiction to try this case," the police informed the Additional Chief Metropolitan Magistrate (ACMM), Priyanka Rajpoot, as per news agency PTI.
While concluding the arguments at the Rose Avenue Court, Additional Public Prosecutor (APP) Atul Srivastava, representing Delhi Police, strictly maintained that the incidents of probable sexual harassment, irrespective of whether they happened abroad or within the country, were all a part of one transaction. This gives the court the jurisdiction required to hear the case, he said, reported news agency ANI.
Srivastava also argued that in order to apply the section on sexual harassment, intention is not a requisite factor; knowledge alone is sufficient.
According to ANI, he also acknowledged the delay in filing complaints and submitted the reasons behind them before the court. The place where the women wrestlers came from worshipped the game of wrestling. The fear that their career would be jeopardised if this incident came out in the open scared them off from reporting it, submitted Delhi Police.
The counsel also argued that the accused was aware of his act, which was reflected through his reaction to the victims' statements. He justified his acts of touching their breasts on the pretext of checking their breathing capacity, a 'fatherly' act.
The prosecution questioned the need for justification if no such act was done and stated that Bhushan knew of his deeds.
The matter had to be argued afresh as the previous judge had been transferred at the stage of framing charges. Delhi Police, however, has filed a charge sheet against Brij Bhushan under IPC sections 354 (assault or criminal force to woman with intent to outrage her modesty), 354-A (sexual harassment), 354-D (stalking), and 506 (criminal intimidation), reported PTI.
Delhi Police began the arguments on Thursday on the case lodged based on the complaints of six female wrestlers.
According to Srivastava, there were multiple sexual harassment incidents within India in Karnataka and Delhi, as well as abroad in Kazakhstan, Tokyo, Mangolia, and Jakarta. The accused Brij Bhushan slid his hands under the women wrestlers' t-shirts to touch their breasts and stomachs while they were stretching in the arena, as per ANI.
As per the complaints, the victims were also molested in Bhushan's office and WFI while their family members were stopped outside by the co-accused, Vinod Tomar.
Defence Counsel Rajiv Mohan earlier argued that the court does not have the jurisdiction to try offences committed abroad since the sanction under Section 188 CrPC is unavailable.
However, it was also noted by the court that no sanction is required if the offence is committed both in India and outside India. The court also recognised Srivastava's argument that it was a continuing offence and that the accused molested the victims whenever he got the chance and did not stop at any particular time.
As per PTI, the police completely rejected the accused's conflicting reasoning and concluded its arguments on charging Singh for the alleged offences.
The matter is next scheduled to be heard on January 20.