NEW DELHI: BJP leader Brij Bhushan Sharan Singh, who is facing sexual harassment charges on the allegations moved by a group of wrestlers, on Saturday argued "material contradictions" in prosecution witnesses, saying it can take the case away from "grave suspicion" to only "mere suspicion."
As the matter was listed for arguments before Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal at Rouse Avenue Court, Advocate Rajiv Mohan, appearing for Singh argued that "the statements of the prosecution witnesses, that itself calls for discharge of the accused as the contradictions, have the effect of taking the case away from the arena of grave suspicion, towards only mere suspicion."
During Saturday's hearing, Brij Bhushan was allowed to be exempted by the court while Vinod Tomar, co-accused in the case, was present.
Along with Mohan, Advocate Rishabh Bhati, Advocate Rehan Khan, Advocate Lalit Mohan, Advocate Mohit Joshi and Advocate Shivender Gupta appeared for both the accused persons.
The counsel reiterated the earlier argument that the Oversight Committee formed by the Sports Ministry is akin to the Internal Complaints Committee (IOC) under the POSH Act (which deals with sexual harassment faced by women in the workplace).
Referring to the Act, Mohan argued that if a prima facie case is found out against the accused, the ICC, within 7 days, shall recommend registration of the FIR against them.
However, he said, since in the matter at hand, no such recommendation has been made, it is safe to assume that the Oversight Committee, working in the capacity of the ICC under the POSH Act, did not find a prima facie case against Brij Bhushan. He also submitted the report's "silence" on the allegations of sexual harassment.
"To put it in simple words, non-recommendation of FIR is equivalent to the fact that no case was found out," he argued.
On the other hand, the Additional Public Prosecutor (Addl PP) countered the argument by submitting that the very constitution of the Oversight Committee is not in accordance with section 4 of the POSH Act and, therefore it cannot be said that it is an ICC for the purposes of the act.
"Secondly, there is no question of exoneration because no findings have been given by the said Committee", Addl PP said, while supporting his arguments. The matter will be further heard on October 30.
The sexual harassment case against Brij Bhushan Sharan Singh, a six-time MP, was moved by a group of woman wrestlers followed by massive protests backed by the country's top wrestlers including Olympic medallists like Sakshi Malik, Vinesh Phogat, and Bajrang Punia.