The Supreme Court on Tuesday issued notices to the Delhi government and others on a plea by seven women wrestlers alleging non-registration of an FIR on their sexual harassment allegations against WFI president Brij Bhushan Sharan Singh, saying these are “serious allegations” requiring its consideration.
The top court was initially of the view that the plea of the women wrestlers may be listed for hearing on Friday. However, after hearing some arguments from senior advocate Kapil Sibal, who mentioned the matter, it decided to take up the case straightaway, reports.
The bench said normally, a remedy to approach police is available under Section 156 (police officers' power to investigate cognisable cases) of the Code of Criminal Procedure. "What are the charges,” the bench asked.
Sibal alleged that seven wrestlers, including a minor, have made alleged sexual harassment allegations but no FIR has been lodged so far despite the law being very clear on this aspect.
“These are women wrestlers...There are seven which include a minor. There is a committee report which has not been made public. And no FIR is registered,” he said.
Referring to judgements, the senior lawyer said even a police personnel can be prosecuted for not registering an FIR in an offence of this nature.
Taking note of the submissions, the bench said, “There are serious allegations made in the petition by wrestlers who have represented India and sexual harassment meted out to them. The matter requires consideration by this court.”
“(The plea) Taken on board. The identity of the petitioners shall be redacted. Only the redacted petition shall be made available in the public domain. Issue notice. Returnable on Friday. Liberty to serve the NCT Delhi. The complaints which form a part of an attachment in sealed cover shall again be re-sealed and shall be paced again together with the ...plea,” the bench ordered.
During the brief hearing, the bench was told that the Wrestling Federation of India (WFI) president also happens to be BJP MP.
The plea alleged there was an inordinate delay in registering the FIR and moreover one of the complainants is a minor also.
Several national award-winning wrestlers have been protesting at Jantar Mantar here demanding the government make public the findings of the oversight panel that investigated the sexual harassment allegations against Singh.
Earlier on Monday, the protesting wrestlers threatened to approach the top court of the country if an FIR is not lodged against Wrestling Federation of India (WFI) president Brijbhushan Sharan Singh.
This came even as the sports ministry stalled the WFI’s elections on May 7 and asked the IOA to form an ad hoc committee to conduct polls.
The ad hoc panel, which will conduct elections within 45 days of its formation, will also manage the day-to-day affairs of the federation till the sports body gets a fresh executive committee.
The top wrestlers said they have nothing to do with the WFI polls and would continue to press for a proper investigation into their allegations that Singh sexually harassed women athletes.
The ministry’s decision came after star wrestlers, including Tokyo Olympic bronze medallist Bajrang Punia and World Championship medallist Vinesh Phogat, resumed their sit-in protest at Jantar Mantar on Sunday and demanded the public disclosure of the findings of the oversight panel that investigated the allegations.
The ministry instructed the IOA to form an ad-hoc panel but did not reveal if the oversight panel found merit in the sexual harassment allegations.
However, it did say in its instructions that according to the oversight panel findings, the WFI did not have a proper system to address such complaints and that transparency and communication between the WFI and the wrestlers are required.
The ministry also revealed that the Oversight Committee, formed on January 23, now “cease to exit”.
“The OC has submitted its report to the Ministry and is currently under examination. Some major findings include an absence of a duly constituted Internal Complaints Committee under the Prevention of Sexual Harassment Act, 2013,” the ministry said.
IOA calls meeting
IOA president PT Usha said they will discuss the matter on April 27 at their executive committee meeting.
“Our scheduled EC meet on April 27 will discuss & provide actionable solutions to the current impasse in WFI. IOA is committed to the betterment of our sportspersons & its sporting ecosystem,” Usha tweeted.
Admitting that they made a mistake by ending their protest three months ago, the wrestlers alleged they were “manipulated” by certain people.
Sakshi said their legal team was contemplating approaching the Supreme Court.
“We will go to the Supreme Court. If we are wrong in levelling charges, then a counter FIR should be filed against us,” the Olympic bronze medallist said during a news conference.
Bajrang said: “We are not going to listen to anyone (mediators) now. We will be the face of the protest but we will now be guided by our gurujans (elderly) and mentors.”
Vinesh said it was a mistake to end the protest the last time around. “We won’t let anyone deceive us,” she said. “All we want is that the police file an FIR and investigate the matter.”
The wrestlers have claimed that they had approached Connaught Place Police Station officers to lodge an FIR against the WFI president but the cops refused to entertain their plea.
Delhi Police on Monday sought a report from the Oversight Committee to probe allegations against the WFI chief. A senior officer said seven complaints have been received and all of them are being investigated. “An FIR will be registered after concrete evidence comes to light,” he said.
Jibe at cousin
When wrestlers had began their protest in January, former wrestler and now BJP affiliate Babita Phogat had mediated between the aggrieved athletes and the government.
However, wrestlers are not happy with the way Babita, who was part of the government’s oversight panel, conducted herself. “Maybe she loves politics more than wrestling now,” Vinesh said, while taking a dig at her cousin.
With inputs from PTI
