Sexual harassment, no Pocso: Delhi Police charges against Brij Bhushan Singh

Singh may not face immediate arrest as maximum punishment is 5 years, below 7-year arrest threshold as per Code of Criminal Procedure and SC guidelines.

Delhi Police on Thursday charged former wrestling federation chief Brij Bhushan Sharan Singh with sexual harassment, stalking, and assault or force to outrage the modesty of a woman, but told another court to cancel a second case filed against the strongman politician under the Protection of Children from Sexual Offences (POCSO) Act due to a lack of corroborating evidence.

Former WFI chief Brij Bhushan Sharan Singh.(PTI)

Deputy police commissioner Pranav Tayal said Singh – a six-time member of Parliament (MP) from the Bharatiya Janata Party (BJP) – was charged under sections 354 (assault or criminal force with intent to outrage modesty), 354A (sexual harassment) and 354D (stalking) of the Indian Penal Code (IPC). His aide, former Wrestling Federation of India (WFI) assistant secretary Vinod Tomar, was charged under IPC sections 109 (abetment), 354, 354A, and 506 (criminal intimidation), added Tayal.

A police officer, who spoke on the condition of anonymity, said investigators found evidence against Singh but he might not be arrested immediately because the maximum punishment he faces is five years in jail, lower than the seven-year imprisonment threshold for arrest prescribed by the Code of Criminal Procedure and Supreme Court guidelines. Singh’s arrest was one of the key demands of the protesting wrestlers, including Tokyo Olympics bronze medallist Bajrang Punia, Rio Games bronze medallist Sakshi Malik, and double World Championship medallist Vinesh Phogat.

Singh faces a maximum jail term of five years under Section 354, three years under 354A, and three years under 354D.In case an accused has been convicted under 354D previously, they face up to five years in jail.

The police officer quoted above added that Singh and Tomar had not been arrested because they cooperated with the investigation and answered all questions asked of them.

“It is a charge sheet; not a final report. So, whatever the investigators get after filing the primary charge sheet, will certainly be included in the supplementary charge sheet/s,” said the first officer.

The 1,082-page charge sheet was submitted to additional chief metropolitan magistrate Deepak Kumar at Rouse Avenue court. It was put up for consideration on June 22.

Singh could have been arrested under the more serious Pocso case but Delhi Police asked the Patiala house court for it to be cancelled, days after the minor complainant withdrew her statement against Singh before a district magistrate. In a 552-page cancellation report, the police cited statements from the minor wrestler, her father, Singh, and other witnesses. A cancellation report is filed in cases when no corroborative evidence is found. The court will hear the matter next on July 4.

“The report requesting the cancellation of the case was filed based on statements of the minor and her father after the completion of the investigation,” Tayal said. The minor complainant’s father told reporters last week that the allegations levelled by his daughter in the first information report (FIR) were false.

Public prosecutor Atul Srivastav, who read out the charges against Singh, said they filed criminal charges in the first case filed by six women wrestlers and sought closure in the other case filed on behalf of the minor.

The charge sheet drew a subdued response from protesting wrestlers who said they were disappointed, were studying the charge sheet, and would take a “hard call” on their next course of action within two days. Singh’s arrest was one of the key demands of the wrestlers.

On Wednesday, before the charge sheet was filed, Singh said, “Let the charge sheet be filed, I need not say anything. The matter is in court. So, let’s wait for the verdict.”

The filing of charges marks the end of the first stage of investigation against Singh, the MP from Kaisergunj who ruled WFI for 12 years before being ousted over harassment charges. But it is unlikely to mollify some of India’s top wrestlers, and sets the stage for a renewed standoff.

“We may have to take some hard calls in a day or two. For now, we have decided to put our protest on hold,” Malik said.

Malik and Punia had met Union home minister Amit Shah and sports minister Anurag Thakur on separate occasions. On June 7, they suspended their protest — which first began in January — until June 15. It is unclear whether the wrestlers will restart their stir though Punia has said before that if their core demand — Singh’s arrest — is not met, they’ll hit the streets again.

The 66-year-old Singh was facing two FIRs – one filed by six women athletes and another by a minor, who later changed her statement before a district magistrate. The charge sheet was filed in the first case and the cancellation report in the second.

A second police officer cited above said details about sexual harassment allegations sought from overseas wrestling federations had yet not been received. “Also, the forensic reports of digital evidence such as photos, videos, and audio have not been obtained yet from the laboratories...we may include their findings in the supplementary charge sheet,” said the second officer, requesting anonymity.

The second officer further said that the investigators couldn’t obtain CCTV footage and call details of the dates mentioned in the complaints of the wrestlers as they were found erased and overlapping. “However, we have found some photographs and videos that partially corroborate the wrestlers’ charges in the FIR. We interrogated over 200 people in this connection, but only 74 of them could provide the statements related to this case. That’s why we have included only them as witnesses in the case. Lack of independent witnesses made our job tough in preparing the charge sheet as the cases lodged by the women wrestlers lacked it. The complainants couldn’t even provide some conclusive evidence against the accused,” the second officer said.

This officer further added that Singh and Tomar joined the investigation and cooperated, and no recovery or discovery of facts was to be made from them or at their instance. “Their addresses are verified and there is no likelihood of them escaping,” he quoted the charge sheet as saying.

In another development, Delhi Police said they will be seeking the approval of Lieutenant Governor (L-G) Vinai Kumar Saxena for cancellation of the FIR registered against the organisers of the wrestlers’ protest at Jantar Mantar on May 28 in connection with an attempted march towards the new Parliament building on its inauguration day.

The FIR was registered at the Parliament Street Police Station for rioting, unlawful assembly, instructing public servant, disobedience, causing hurt to a public servant, and criminal force, and under the provisions of the Prevention of Damage to Public Property Act, the police said.

“We have decided to get the FIR registered against protesting wrestlers’ cancelled. Since, the L-G has the power to cancel it, we will be moving a file in a day or two, seeking his approval for the same. Once the approval is secured, the closure report of the FIR would be filed before the concerned court,” said a senior police officer.

In cases of sexual harassment, the burden of proof lies on investigating agencies. The two FIRs were filed on April 28 after the Supreme Court intervened.

Last Friday, a Delhi Police team visited the WFI office with one of the complainants for about 30 minutes to recreate the sequence of events. Punia said the complainant went through “mental trauma” after the visit.

The first FIR detailed years of abuse and alleged that Singh offered to buy a wrestler supplements if she gave into his sexual advances, called a wrestler to his bed and hugged her, and goaded wrestlers to spend time alone with him during most tournaments. According to one of the complainants, most women wrestlers would avoid leaving their rooms alone during tournaments and would largely stick together to keep Singh’s alleged advances at bay.