The Supreme Court today closed the petition filed by the three women wrestlers seeking registration of the FIR against Wrestling Federation of India (WFI) chief and BJP leader Brij Bhushan Charan Singh for alleged sexual harassment. The Court observed that the prayers made in the petition have been duly met and closed the case at this stage. The Court granted the Petitioners the liberty to approach the High Court under Article 226, if the need arises.

The bench of Chief Justice DY Chandrachud, Justice PS Narasimha and Justice J.B. Pardiwala noted that "The jurisdiction of this Court has been invoked under Article 32 of the Constitution seeking a mandamus for the registration of an FIR in relation to certain allegations of sexual harassment against Brij Bhushan Charan Singh, the president of the Wrestling Federation of India. The Petitions have been instituted by 3 petitioners all of whom have stated that they have represented India in international wrestling events. Notice was issued on 25 April 2023. On 28 April 2023, this Court was apprised by the Solicitor General that "since the allegations implicate commission of a cognizable offence, the respondent has decided to register FIR Today" On 28 April 2023, the FIR has been registered at PS Connaught Place, New Delhi with the commission of alleged offences punishable under Section 354, 354-A, 354-D and Section 34 and Section 10 of the POCSO Act."

Continuing the bench noted in its order that "The statement of complainants under section 161 CrPC was recorded initially on 29 April 2023 in the presence of 4 women constables in the office of the counsel of the petitioners. The Court has been apprised of the fact that the rest of the statement has been recorded on 3 May 2023. The SG has apprised the court that the process of recording the statement under Section 164 CrPC before the jurisdictional magistrate will be initiated shortly. the purpose of the petition before this Court was to ensure the registration of the FIR which is now been recorded and registered."

The Bench also noted that "apart from the registration of the FIR, this Court had passed several other directions for the purpose of incurring security to the complaints. The DCP of the police, New Delhi District has filed an affidavit indicating that proper security has been provided to the minor complainant. In addition, it has been stated that after making an assessment of threat perception to the other complainant, due arrangements have been made for provisional security. Having due regard to the ambit of the proceedings instituted before this Court, and following the registration of the FIR we close the proceedings at this stage."

The Petitioners' Counsel, Senior Advocate Narender Hooda urged the Court to not close the proceedings at this stage. Hooda said, "Keeping in view the conduct of the Delhi Police from the 21st till date, I would earnestly beseech the Hon'ble Court to have some monitoring either by some retired Hon'ble of the Supreme Court or the High Court because I am sure without any confusion, the moment these proceedings will be disposed of the Delhi police will drag its feet as they have been doing even the pendency of these proceedings."

The CJI clarified by stating "That is why we have noted that we are closing at this stage and giving you the liberty to either move the Jurisdictional Magistrate or the Delhi High Court under 226 of the Constitution" Move the Delhi HC, they will entertain the proceedings with our order now."

Yesterday, a request was made before the CJI-led bench by the Petitioners to allow them to file an additional affidavit in a sealed cover. The Solicitor General objecting to the request had suggested "that instead of showing it here why don't they go and show it to the investigation officer of the case" and the SG sought permission from the Court to share it with the IO to which the bench had agreed.

Recently, Solicitor General Tushar Mehta appearing for the Delhi Police submitted 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 during the course of the day. The Court recorded the statement and also directed the Commissioner of Delhi Police to provide adequate security to the minor petitioner.

The Apex Court in its order had directed for adequate security to be provided and an independent threat assessment by the Police. The bench had further stated that they are not disposing of the matter and that an affidavit be filed before the Court on the steps being taken to provide security.

On April 25, 2023, the Supreme Court 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.

Several national award-winning wrestlers have been protesting at Jantar Mantar demanding the government 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]

Chief Justice DY ChandrachudJustice PS NarasimhaJustice JB PardiwalaWrestling Federation of India

Ramey Krishan Rana