NEW DELHI: A Delhi court on Friday dismissed an application by BJP MP and former Wrestling Federation of India (WFI) chief, Brij Bhushan Sharan Singh, seeking further examination of evidence concerning his whereabouts on the date -- September 7, 2022 -- of an alleged incident. Singh is accused in a sexual harassment case in which several women wrestlers accused him of indulging in inappropriate behaviour.
Additional Chief Metropolitan Magistrate Priyanka Rajpoot of Rouse Avenue Court dismissed Singh's application. The judge also listed the matter concerning the framing of charges against Singh for May 7.
On April 18, the court deferred the hearing on framing of charges after Singh's application seeking further investigation in the case.
He had told the court that he was not in Delhi when one of the complainant wrestlers was allegedly sexually harassed.
The application had argued for a detailed investigation into Singh's claims of being abroad when the incident purportedly took place.
The application had also demanded that the Delhi Police produce the Call Detail Record (CDR).
Additional Public Prosecutor Atul Srivastava, representing the Delhi Police, had opposed the application, arguing that the timing of the request was strategic and intended to prolong the case.
He had stressed the potential legal ramifications of reopening the investigation at this stage.
Meanwhile, the legal counsel for the complainants had criticised the application as a tactic to delay the proceedings.
They argued that the necessary documents should have been procured earlier under Section 207 of the Code of Criminal Procedure (CrPC), which deals with the communication of evidence to the accused.
In February, Brij Bhushan Sharan Singh had sought to be discharged in the case, citing delay in reporting the alleged offence and contradictions in the complainants' statements.
Earlier, during the proceedings, the complainants and police said that there was ample evidence to proceed with the trial against the accused individuals.
The Delhi Police had refuted the arguments of the accused that certain incidents occurred overseas and thus fell outside the jurisdiction of Delhi courts, contending that the alleged acts of sexual harassment, attributed to Singh, both abroad and in India, including Delhi, constituted part of the same offence.
His counsel had told the court that the incidents were said to have occurred in 2012 but were only reported to the police in 2023.
In addition, he had contended discrepancies in the timing and locations of the alleged incidents, asserting no clear link between them.
The defence counsel had pointed out contradictions between the complainants' affidavits and statements.
The Delhi Police contended that incidents of alleged sexual harassment, whether occurring overseas or within the country, were interconnected and part of the same transaction.
Hence, the police said that the court had jurisdiction to hear the case.
The BJP MP had earlier questioned the jurisdiction of the Delhi court claiming that there was no action or consequence which happened in India.
Additional Public Prosecutor Atul Srivastava, representing the Delhi Police, had argued that under Section 354 of the IPC, the case is not time-barred, as it carries a maximum punishment of five years.
Addressing the issue of delay in filing complaints, Srivastava had brought up the issue of fear among the women wrestlers, saying that wrestling held immense significance in their lives, and they were hesitant to come forward due to concerns about jeopardising their careers.
The prosecution had argued that Singh's defence, claiming his actions were fatherly, demonstrated awareness of his acts. The BJP MP's justification that he was checking breathing patterns had contradicted the victims' statements about inappropriate touching.
The police claimed that there were sufficient prima facie evidence to proceed with the trial against Brij Bhushan Sharan Singh.
The prosecution had earlier said that the act of sexual harassment of the victims was a continuing offence, as it did not stop at any particular time.
Delhi Police had also told the court that Brij Bhushan Sharan Singh never missed an opportunity to "sexually harass" women wrestlers, adding that there is sufficient evidence to frame charges against him and proceed with the trial.