Delhi Police Counters Defence Claims of "Mini-Trial" in Brij Bhushan Singh Harassment Case
Delhi Police has strongly rebutted assertions made by the defense counsel representing former Wrestling Federation of India (WFI) chief, Brij Bhushan Singh, stating that a preliminary "mini-trial" cannot be conducted during the current stage of the legal proceedings in the case titled "State v. Brij Bhushan Singh & Anr."
The case is presently being heard before Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal, who is deliberating on the crucial matter of framing charges against Singh.
During a recent session, the prosecution, represented by additional public prosecutor Atul Shrivastava, underscored the jurisdiction of the Delhi court to address the case, directly challenging the contentions presented by the defense.
Shrivastava argued that certain elements of the alleged offences occurred within the national capital, thereby falling under the court's purview.
Furthermore, the prosecution highlighted that the legal provision (Section 188, CrPC) cited by the defense was applicable only if the entire offence had taken place outside India, which was not the case here, given that the offences were committed partially in Delhi.
The prosecutor also emphasized that an oversight committee's exoneration of Bhushan was a departmental inquiry and did not preclude the court's jurisdiction to proceed with the case.
Shrivastava stressed that the court's responsibility at this stage was to assess the material on record and determine the establishment of a prima facie case, reiterating that conducting a "mini-trial" was not appropriate at this juncture.
The court has scheduled further arguments on behalf of the complainants for August 19.
It was previously argued by Singh's legal representation that the alleged offences occurred outside India, thereby making the case unsuitable for trial within the Delhi court's jurisdiction. Additionally, it was asserted that an internal sexual harassment committee had already exonerated Singh on identical allegations arising from the same incident, making a new prosecution redundant.
The case involves allegations of sexual harassment brought forth by six wrestlers against Singh, resulting in the filing of a first information report (FIR) by the police. Singh was subsequently charged under Sections 354, 354A, 354D, and 506(1) of the Indian Penal Code.
The Supreme Court was initially approached by the complainants to register an FIR against Singh, with subsequent updates confirming the FIR's registration and the ongoing investigation.
While a minor wrestler initially raised allegations against Singh, she later withdrew her complaint, leading to the Delhi Police filing a cancellation report in that specific case.
Advocate Rajiv Mohan represented the accused individuals, including Brij Bhushan Singh and Vinod Tomar, while Advocate Harsh Bora appeared on behalf of the complainants.
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TAGS: Delhi Police Brij Bhushan Singh sexual harassment case defence counsel mini-trial Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal charges jurisdiction national capital legal provision Section 188 CrPC oversight committee exoneration departmental inquiry prima facie case complainants wrestlers first information report FIR Indian Penal Code Supreme Court cancellation report Advocate Rajiv Mohan Vinod Tomar Advocate Harsh Bora.