 "Brij Bhushan Sharan Singh")
The Delhi Police on Thursday recommended dropping of POCSO charges against BJP MP and outgoing Wrestling Federation of India (WFI) chief Brij Bhushan Sharan Singh but charged him with sexual harassment and stalking six women wrestlers.
The police have filed more than a 1,000-page charge sheet for offences under Sections 354 (outraging modesty), 354A (sexually coloured remarks), 354D (stalking), and 506 (1) (criminal intimidation) of the Indian Penal Code (IPC).
The charge sheet was filed within the June 15 deadline promised by the government and agreed upon by the protesting wrestlers, including Olympic medalists Bajrang Punia and Sakshi Malik and fellow Olympian Vinesh Phogat. They were demanding Singh’s arrest on allegations of sexual harassment against seven wrestlers, including the minor. Singh has denied all the charges.
The police recommended the cancellation of the complaint filed by the minor wrestler against Singh, citing “no corroborative evidence”.
The police submitted a report based upon the statements of the complainant, who is the father of the minor, and the girl herself, a statement issued by Delhi Police PRO Suman Nalwa said.
The Protection of Children from Sexual Offences Act (POCSO) entails a minimum imprisonment of three years, depending on what section the crime falls in. However, the court may take a call on whether to accept the police’s closure report or direct further investigation.
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While Section 354 under the IPC is a non-bailable offence punishable with five years of imprisonment, Section 354A and Section 353D are punishable with three years and bailable in nature. Section 506 is bailable and punishable with two years of imprisonment.
Of all the offences, only Section 354 is non-bailable, said Supreme Court advocate Tushar Agarwal. “In case of charge sheet filed without arrest, the Supreme Court has held in many cases that the accused should get bail because if custody was not required during investigation, then there is no need to send him in custody after the filing of charge sheet,” he said.
The court is required to take cognizance of the charge sheet and will summon the accused. Once the summons is issued, Singh has to file a bail application before the magistrate, the advocate said.
“Post summoning, Bhushan can also file anticipatory bail seeking protection from arrest by the magistrate court on his appearance before the court pursuant to summons,” Agarwal said.
The wrestlers had previously sought a court-monitored probe besides urging the court to seek a status report. The Supreme Court had closed the case on the assurance of the Delhi Police and directed them to give security to the complainants.
The charge sheet has also been filed against Vinod Tomar, a suspended assistant secretary of the WFI, for the offences under Sections 109 (abetment of any offence, if the act abetted is committed in consequence, and where no express provision is made for its punishment), 354, 354A and 506 (criminal intimidation) of the IPC.
On June 7, Union Sports Minister Anurag Thakur met Punia and Malik and assured them that the charge sheet in the case would be filed by June 15. Malik's husband and wrestler Satyawart Kadian, when asked about their future course of action, said, “We are still discussing the matter. We will let you know”.
The Congress reacted strongly to the police's recommendation for cancellation of the complaint, saying the cry for justice of India’s daughters has been “consigned to the dustbin and buried” by the government. The BJP’s new slogan is “Beti Darao, Brij Bhushan Bachao”, Congress general secretary Randeep Surjewala said.
