Justice Madan B. Lokur, the former Supreme Court judge, on Tuesday said the objective of Delhi police’s probe into the sexual harassment charges against Brij Bhushan Sharan Singh seemed to be to establish that he was innocent and his accusers were wrong.

“What is going on in the name of investigation is a clear case of re-victimisation of the seven wrestlers who have complained of serious, aggravated sexual assault against the accused,” Justice Lokur said at a webinar on “Wrestlers’ struggle: Accountability of institutions”, organised by the NGO Anhad and the National Alliance of People’s Movement.

“It appears to me that the purpose of the investigation is to establish that the accused is innocent and the complainants are wrong.”

He criticised the Delhi police — who report to the Union home ministry — for taking one of the complainants to the alleged crime scene to recreate the scene.

“Here, the scene of the crime is the person, the seven wrestlers who have narrated in detail about their ordeal in the FIRs. What is the point in asking where, how and when it did happen?” the former judge said.

“What we are witnessing is a strange situation. The alleged predator is a very powerful political and well-connected person and is facing such serious charges. He should have been arrested long back but he is going around and making speeches and witnesses are being threatened by persons close to him.”

Singh is the outgoing Wrestling Federation of India (WFI) chief and a BJP Lok Sabha MP. Several of the wrestlers have alleged being under “pressure to compromise”.

“The seven wrestlers are saying they are under pressure and the father of the minor wrestler has already said she has changed her statement. It is very obvious and a clear indication that the witnesses are being threatened,” Justice Lokur said.

One of the original seven accusers is a minor, whose father has withdrawn the complaint saying it was false and filed in anger at Singh for discriminating against his daughter.

However, a newspaper has quoted the father as saying he had been threatened by people whose names he could not reveal and that his family was “living in intense fear”.

Last week, the police took one of the seven wrestlers to the WFI office to recreate the crime. The police have also asked the complainants to provide photos as well as audio and video evidence to corroborate their allegations.

“What we are witnessing is re-victimisation of the complainants by taking them to the crime scene. The probe should be fair and unbiased. What is the reason that police (are) not taking action against Singh (although) every detail of the sexual harassment is mentioned in the FIR? What more do they need to proceed further?” Justice Lokur said.

“The SC (Supreme Court) should have monitored the investigation to ensure it did not get derailed keeping in mind the delay in lodging the FIRs and the threat perception,” he said.

Justice Lokur underlined that the apex court had in the past monitored many investigations, especially in cases involving politically well-connected people.

“In my view, (the apex court) did not fully appreciate the position when they decided not to monitor the investigation. I think they should have,” he said.

On May 4, the Supreme Court had refused to monitor the probe being conducted by the Delhi police. Closing the proceedings on a petition filed by three women wrestlers seeking the registration of an FIR on their April 21 complaint, the apex court, however, permitted the petitioners to approach the lower courts concerned.

The three women wrestlers, who have won India medals at international competitions, had approached the apex court after the police initially refused to register their complaints. On April 28, the police informed the top court that the FIR would be registered since the complaints related to a cognisable offence.

In the two FIRs, registered by the police following a prod from the Supreme Court, Singh has been accused of demanding “sexual favours” in lieu of professional assistance. The FIRs cite at least 15 instances of sexual harassment including inappropriate touching, running hands over breasts and touching the navel, and alleged instances of intimidation including stalking.

Singh has dismissed all the allegations.

Supreme Court lawyer Vrinda Grover, who too spoke at the webinar, said the matter “exemplifies that there is now no rule of law in the country and there is a culture of impunity with regard to the people belonging to the ruling dispensation”.

“The State is in breach of law and it is using all its power to undermine the law,” she said.

“The investigation in this case is malafide. The testimonies of the seven women wrestlers are enough evidence to arrest the accused. Also, there is a clear indication of the intimidation of witnesses.

“His (Singh’s) custodial interrogation is needed but we are witnessing brazen abuse of power. The accused is holding public meetings and even announcing his candidature for next year’s Lok Sabha elections on a BJP ticket.

“This case is a chilling reminder to all of us, especially women, that the rule of law is under serious threat in the country today.”

Probe goes overseas

The Delhi police have widened the probe against Singh, covering five foreign countries. The police have sought CCTV footage, photos and videos of wrestling tournaments from the authorities of Indonesia, Bulgaria, Kyrgyzstan, Kazakhstan and Mongolia, sources said.

The wrestlers have accused Singh of sexual harassment at various international events.