Truth in Wrestlers’ Complaint, Police File Charge-sheet for Sexual Harassment against WFI Chief

Manas Dasgupta

NEW DELHI, June 15: The Delhi police have found truth in the complaints of the female wrestlers against the outgoing Wrestling Federation of India chief Brij Bhushan Sharan Singh and on Thursday filed a 1,082-page charge-sheet in a local court levelling sexual harassment and stalking charges against him and his aide Vinod Tomar.

However, contrary to the demands of the protesting top wrestlers of the country, the Delhi police said there was no need for their immediate arrest.

The Delhi Police have charged Singh, also a BJP Member of Parliament from Uttar Pradesh, with assault, making sexually coloured remarks, and stalking. Deputy police commissioner (New Delhi) Pranav Tayal said Singh has been charged under Indian Penal Code (IPC)’s Sections 354 (assault or criminal force with intent to outrage modesty), 354A (making sexually coloured remarks) and 354D (stalking). Tomar has been indicted under IPC’s sections 109 (abetment), 354, 354A, and 506 (criminal intimidation). Tayal said it is not mandatory to arrest the two.

Keeping with the deadline given by the union sports minister Anurag Thakur, the Delhi Police filed the charge-sheet in the sexual harassment case against Singh at the Rouse Avenue Court in New Delhi. The police also submitted a report recommending the cancellation of the POCSO case against the BJP MP, which was based on the allegations of a minor wrestler’s father, who recorded a fresh statement later withdrawing the sexual assault charges. The wrestler who had earlier claimed she was a minor when the assault allegedly took place, had later changed her statement.

“In the FIR registered by the wrestlers, after completion of investigation, we are filing a charge-sheet for the offences under sections 354, 354A , 354D IPC against accused Brij Bhushan Sharan Singh,” Delhi Police spokesperson Suman Nalwa said. Singh will face charges like “outraging the modesty of a woman,” which is non-bailable, besides sex harassment and stalking, both bailable offences. He will, however, not face stringent charges under Protection of Children from Sexual Offences (POCSO) after the Delhi police, in a 500-page report, sought the cancellation of the case.

“We have submitted a police report under section 173 requesting a cancellation of the case based on statements of the complainant – the father of the victim and the victim herself,” said the Delhi Police. The case will be heard next by the court on July 4.

The Delhi police said the investigators have found evidence against the accused but since they face a maximum punishment of five years, it is not mandatory to arrest them.

The officer added that since the details sought from overseas wrestling federations have yet not been received, they may file a supplementary charge-sheet against the accused. “It is a charge-sheet; not a final report. So, whatever the investigators get after filing the primary charge-sheet, will certainly be included in the supplementary charge-sheet/s. Also, the forensic reports of digital evidence such as photos, videos, and audio have not been obtained yet from the laboratories…we may include their findings in the supplementary charge-sheet,” a police officer said.

The officer said the two accused joined the investigation and cooperated and no recovery or discovery of facts was to be made from them or at their instance. “Their addresses are verified and there is no likelihood of them escaping,” he quoted the charge-sheet as saying.

The Delhi Police separately told another local court on Thursday that no corroborative evidence was found against Singh in the second case filed against him under the POCSO Act.

On April 21, seven female wrestlers, one of whom was allegedly a minor, filed a police complaint against Singh, accusing him of sexual harassment and other forms of misconduct. The complaint was followed by a protest by the wrestlers in the national capital. Anurag Thakur had, in a meeting with Olympic medal-winning wrestlers Bajrang Punia and Sakshi Malik last week, assured them that the charge sheet in the case would be filed by June 15. Following this assurance, the wrestlers paused their protest.

The Delhi Police requested information from wrestling federations in five countries about alleged sexual harassment incidents involving Singh. The investigation team sought photos, videos, and CCTV footage from the tournaments and the places where the wrestlers stayed during their matches. The Special Investigation Team (SIT) questioned more than 180 people and filed two FIRs against Singh.

On Friday, the Delhi Police even took a woman wrestler to Singh’s office in their investigation into allegations of sexual harassment. The wrestler was accompanied by a team of women police officers. Singh’s official residence houses the office of the Wrestling Federation of India (WFI). The wrestler was asked to recreate the scene of the alleged harassment.

The protesting wrestlers have urged the WFI to form an Internal Complaints Committee (ICC) headed by a woman, a proposal approved by Thakur. The government has also agreed not to allow Singh and his associates to contest the upcoming wrestling body elections.

Singh has denied all the charges and said he will hang himself even if a single allegation is proven against him. The police said four of the six women athletes provided audio and visual evidence to corroborate their allegations.

Wrestlers seeking action against Singh suspended their protest until June 15 after Thakur on June 7 met Olympic medallists Bajrang Punia and Sakshi Malik and assured them that the charge-sheet in the case would be filed by June 15.

In cases such as those related to sexual harassment, the burden of proof lies on investigating agencies. Police did not file a first information report (FIR) for weeks until the Supreme Court directed them to do so.

The protesting wrestlers camped at Jantar Mantar for 38 days demanding Singh’s immediate arrest until the Delhi Police uprooted their tents there on May 28. They were manhandled, stopped, and detained as they sought to march to the new Parliament building during its inauguration that day.

The wrestlers later held off on immersing their medals in the Ganga as part of their protest against Singh and broke down in a huddle played out on live television.

A Special Investigation Team probing the matter questioned over 180 people and visited Singh’s residence in Gonda to record statements of his relatives, colleagues, and associates.