Express News Service
NEW DELHI: BJP MP Brij Bhushan Sharan Singh, who is an accused in the women wrestlers’ sexual harassment case, on Wednesday submitted before a Delhi court that “hugging…touching a woman without criminal force or sexual intent is not an offence.”
Through his lawyer, Singh, the outgoing Wrestling Federation of India chief, was opposing framing of charges against him before Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal at Rouse Avenue Court as the arguments of the case began from August 9.
Advocate Rajiv Mohan represented Singh and co-accused and suspended WFI assistant secretary Vinod Tomar who were present in the court.
The allegations by the female grapplers pertain to various incidents of sexual harassment, spread over a period of about ten years, at various places in and outside India.
Singh’s lawyer argued that the offences alleged to have been committed outside India and outside the local jurisdication of Delhi ‘cannot be tried’ by the city court.
“.. Indian jurisdiction only lies in three of these allegations. The offences committed outside India cannot be tried by the court due to the lack of sanction. Two offences are related to Ashoka Road and Siri Fort. The offence at Siri Fort is only of hugging… Touching a woman without a criminal force or sexual intent is not an offence,” it was submitted.
Mohan further said, “Wrestling is an event where mostly coaches are male. Female coaches are rare. If a coach, out of joy, after an achievement, is hugging a player, it can’t fall under the category of offence…”
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Further, he said the allegations were time-barred, pointing out that they pertain to the period of 2017-18, barring one.
“If you (complainants) are moving freely and for five years you did not come forward and then say that you were under threat, it is not a valid explanation,” he said.
The police report does not furnish any sufficient explanation for the said delay, it was submitted.
It is settled law that if there is an enquiry by an internal sexual harassment committee and the accused is exonerated, on the same allegations, arising out of the same facts, there can be no fresh prosecution, the counsel submitted.
Notably, the Additional Public Prosecutor, who has been assigned this case, is on leave till the last week of August. This shall have the effect of delaying the proceedings, the court said in its order.
The arguments will continue on Thursday.
In Singh’s case, the court had earlier taken cognisance of the offences committed under Sections 354 (outraging modesty), 354A (sexually coloured remarks) and 354D (stalking), 506 (para 1) (criminal intimidation) and 109 (abetment to offense) of the Indian Penal Code while initiating further proceedings as per the law.
The sexual harassment case against Singh, a six-time MP, was moved by a group of woman wrestlers followed by massive protests backed by the country’s top wrestlers including Olympic medallists like Sakshi Malik, Vinesh Phogat and Bajrang Punia.
NEW DELHI: BJP MP Brij Bhushan Sharan Singh, who is an accused in the women wrestlers’ sexual harassment case, on Wednesday submitted before a Delhi court that “hugging…touching a woman without criminal force or sexual intent is not an offence.”
Through his lawyer, Singh, the outgoing Wrestling Federation of India chief, was opposing framing of charges against him before Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal at Rouse Avenue Court as the arguments of the case began from August 9.
Advocate Rajiv Mohan represented Singh and co-accused and suspended WFI assistant secretary Vinod Tomar who were present in the court.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });
The allegations by the female grapplers pertain to various incidents of sexual harassment, spread over a period of about ten years, at various places in and outside India.
Singh’s lawyer argued that the offences alleged to have been committed outside India and outside the local jurisdication of Delhi ‘cannot be tried’ by the city court.
“.. Indian jurisdiction only lies in three of these allegations. The offences committed outside India cannot be tried by the court due to the lack of sanction. Two offences are related to Ashoka Road and Siri Fort. The offence at Siri Fort is only of hugging… Touching a woman without a criminal force or sexual intent is not an offence,” it was submitted.
Mohan further said, “Wrestling is an event where mostly coaches are male. Female coaches are rare. If a coach, out of joy, after an achievement, is hugging a player, it can’t fall under the category of offence…”
ALSO READ | Brij Bhushan Singh arrives at Rouse Avenue Court for hearing in sexual harassment case
Further, he said the allegations were time-barred, pointing out that they pertain to the period of 2017-18, barring one.
“If you (complainants) are moving freely and for five years you did not come forward and then say that you were under threat, it is not a valid explanation,” he said.
The police report does not furnish any sufficient explanation for the said delay, it was submitted.
It is settled law that if there is an enquiry by an internal sexual harassment committee and the accused is exonerated, on the same allegations, arising out of the same facts, there can be no fresh prosecution, the counsel submitted.
Notably, the Additional Public Prosecutor, who has been assigned this case, is on leave till the last week of August. This shall have the effect of delaying the proceedings, the court said in its order.
The arguments will continue on Thursday.
In Singh’s case, the court had earlier taken cognisance of the offences committed under Sections 354 (outraging modesty), 354A (sexually coloured remarks) and 354D (stalking), 506 (para 1) (criminal intimidation) and 109 (abetment to offense) of the Indian Penal Code while initiating further proceedings as per the law.
The sexual harassment case against Singh, a six-time MP, was moved by a group of woman wrestlers followed by massive protests backed by the country’s top wrestlers including Olympic medallists like Sakshi Malik, Vinesh Phogat and Bajrang Punia.
