Delhi Police To Register FIR Against BJP Leader Brij Bhushan Singh In Plea By Women Wrestlers Alleging Sexual Harassment
|The Supreme Court today recorded the submissions made by Solicitor General Tushar Mehta appearing for the Delhi Police that they have decided to register the FIR against BJP MP and Wrestling Federation of India (WFI) President Brij Bhushan Sharan Singh and that the same will be done today. The Court further directed the Commissioner of Delhi Police to provide adequate security to the minor petitioner.
The Bench of Chief Justice DY Chandrachud and Justice PS Narasimha noted that since the allegations implicate the first respondent of commission of a cognizable offence, the Delhi Police has decided to register an FIR. Further, on reading the affidavit placed by Senior Advocate Kapil Sibal appearing for the petitioners, the Court directed, "since there is an apprehended danger to the safety of the minor girl who is the alleged victim of sexual assault, we direct the Commissioner of Police, Delhi to make a threat assessment and provided adequate security to the minor girl involved."
At the outset, SG Tushar Mehta submitted that the Delhi Police has decided to register the FIR and that the same will be registered today. He submitted that there is nothing left in the matter and requested the Bench to dispose of the matter.
Kapil Sibal then submitted that they are extremely worried about the safety and security of the girl and that they seek a Special Task Force and not Delhi Police to look into this matter. Further, he submitted that BJP MP and WFI President Brij Bhushan Sharan Singh has 40 cases registered against him, including Section 302 of the IPC.
Considering the submissions, the Apex Court ordered for adequate security to be provided and an independent threat assessment by the Police and further stated that they are not disposing of the matter and that an affidavit be filed before the Court on or before next Friday on the steps being taken to provide security.
Tushar Mehta countered and urged the Court to dispose of the matter. He submitted, "Let this be left to the police commissioner. Every concern can be addressed." He further said, "This is then going in some other direction. I am not principally objecting. It is something else being played out. I will not go into this, it is a sensitive issue. If the FIR is not registered you have Section 156 (3) of the CrPC".
On April 25, 2023, the Supreme Court took note of the submissions of Senior Advocate Kapil Sibal that despite the sexual harassment allegations no FIR has been lodged and issued notices to the Delhi government and others on the plea of seven women wrestlers alleging non-registration of an FIR on their sexual harassment allegations against BJP MP and WFI president Brij Bhushan Sharan Singh.
On April 26, 2023, appearing for the Delhi Police, Solicitor General Tushar Mehta told the Supreme Court that some kind of preliminary probe was needed before it can proceed with the registration of an FIR over sexual harassment allegations. "We, prima facie feel that there was a need to conduct a preliminary investigation before the registration of the FIR," the SG had said. Tushar Mehta had also said that an impression should not be created that the FIR has not been registered despite the Court asking for it.
Several national award-winning wrestlers have been protesting at Jantar Mantar demanding the government to make public the findings of the oversight panel that investigated the sexual harassment allegations against Singh. The top wrestlers have said they have nothing to do with the WFI polls and would continue to press for a proper investigation into their allegations that Singh sexually harassed women athletes.
Cause Title: XYZ v. State NCT of Delhi [W.P.(Crl.) No. 189/2023]