Wrestlers' sexual harassment case: “Oversight committee eyewash to assuage sentiments,” argues complainants' counsel
Sep 01, 2023
New Delhi [India], September 1 : As the hearing in the alleged sexual harassment case against BJP MP Brij Bhushan Sharan Singh took place on Friday, the counsel for the wrestlers argued that the accused was never exonerated by the oversight committee that was not constituted as per the rules of the Prevention of Sexual Harassment (POSH) Act.
“Its report needs to be junked as there was not clear finding, and it was not constituted according to the rule of POSH Act,” the counsel for the wrestlers Rebecca John argued on the point of charges in the sexual harassment case against BJP MP Brij Bhushan Sharan Singh.
The allegations in the FIR and in the charge sheet necessitate framing of charges against the accused Brij Bhushan Sharan Singh, the counsel argued.
Additional Chief Metropolitan Magistrate (ACMM) Harjeet Singh Jaspal adjourned the hearing at the request of special Public Prosecutor (SPP) Atul Srivastava till September 16.
The SPP sought time to further the arguments of counsel for complainants.
She further argued that the court has territorial jurisdiction to try this case as some of the offences are committed in Delhi, the counsel argued.
The counsel also argued that there is no need to take sanction under sanction 188 for prosecution as some of the offences committed are within India.
The charges need to be framed against the accused persons as there were multiple acts by the accused, there was a pattern and there is one individual who committed the offence.
However, the counsel for complainants submitted that the incident mentioned by one of the complainants is from 2012 and prior to the amendment to the offence of sexual harassment.
“Her complaint may not be considered for the purpose of framing of charges. But she is still an important witness," the counsel argued.
Earlier, during the last hearing of the case, the counsel argued during arguments on charges before the court that the accused allegedly touched their breast on the pretext of checking their breathing pattern, as if he was a doctor.
The counsel also submitted on the basis of the statements that all the women complainants pointed towards Neta ji (Singh) as the accused who committed the alleged offence. Their statements were corroborated (supported) by the statements of the witnesses.
Senior advocate Rebecca John while arguing the matter referred to the statements of six complainants and six witnesses to establish that the offence of sexual harassment under section 354 IPC is made out against Brij Bhushan Sharan Singh.
"All the six women told the court that the accused on the pretext of checking their breath put his hand in their t-shirt and fondled their private parts without their consent. If it is not, then what is," argued senior advocate John.
She further argued that these women talked about their discomfort. He fondled them without any provocation or consent on the pretext of checking their breath pattern. He never did this with male wrestlers.
