NEW DELHI: With the Delhi police filing a chargesheet against BJP MP and Wrestling Federation of India (WFI) chief Brij Bhushan Sharan Singh before the city's Rouse Avenue Court for multiple offences under the Indian Penal Code (IPC) in relation to the sexual harassment allegations levelled by the country's top female wrestlers, all eyes are on the next proceedings in the matter.
In the 550-page report filed before Delhi's Patiala House Court, the cops also sought cancellation of the charges against him on the basis of a complaint by a minor wrestler under the Protection of Children from Sexual Offences Act (POCSO Act), one of the two cases against him.
According to police, the report for cancellation of POCSO was submitted "under section 173 Cr PC based upon statements of the complainant i.e., the father of the victim and the victim herself."
Explaining section 173 Cr PC, Supreme Court lawyer Vineet Jindal said if the investigation officer finds sufficient evidence during the investigation, then a chargesheet in court is filed with a request to take cognizance in the offences under which the FIR was lodged. If evidence is not sufficient to file a chargesheet under the offence mentioned in the FIR, then a closure report will be filed by the investigation officer. The matter which is now up to the court will be taken up on July 4.
According to Special Public Prosecutor Atul Shrivastava, police have filed a chargesheet against Brij Bhushan for offences under Sections 354 (outraging modesty), 354A (sexually coloured remarks), 354D (stalking) and 506 (1) (criminal intimidation) of the Indian Penal Code (IPC).
Under section 354A of the IPC, punishment will be up to one year or fine, while under 354 D it is up to five years and fine whereas under the POCSO Act, the punishment is a maximum of seven years which is now in question following the cops' cancellation report.
"Normally when charges are filed under IPC 354, which is a non-bailable offence, based on a complaint of harassment or molestation by a woman, he has to be arrested immediately. Now, as he has not been arrested, it may be easy to get him bail," says Supreme Court lawyer Aljo K Joseph.
Amid the standoff between the top wrestler and the WFI chief over sexual harassment allegations, the wrestlers even approached the Supreme Court, where the cops said an FIR against Brij Bhushan was registered and the statements are being recorded. As the cops informed the top court that the probe is on the right track, the matter was closed before the apex court. The wrestlers were also asked to approach the appropriate courts or high court.
A chargesheet has also been filed against WFI assistant secretary Vinod Tomar, accused of abetting an offence and criminal intimidation under sections 109 (punishment of such abetment) and 506 (punishment for criminal intimidation), in addition to sexual harassment and outraging a woman’s modesty charges.
Legal scholar and member of the Supreme Court Bar Association Gurmeet Nehra says that there was some crucial incriminating evidence that came before the police during the investigation on the basis of which the chargesheet was made under section 354, 354 A, 354 D.
"In a society based on rule of law, no one is above the law. Each person no matter how high or powerful he may be, he has to face the rigour of law. However, there is presumption of innocence in favour of the accused, until he is convicted by the court of law," he added.