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regular-article-logo Sunday, 06 October 2024

Supreme Court steps onto wrestling mat

Petitioners allege that in spite of lodging complaints, police have failed to register even a formal FIR against the BJP MP

Our Legal Correspondent New Delhi Published 26.04.23, 07:13 AM
Wrestlers Sangita Phogat (centre), Vinesh Phogat and Bajrang Punia during their protest at Jantar Mantar in New Delhi on Tuesday.

Wrestlers Sangita Phogat (centre), Vinesh Phogat and Bajrang Punia during their protest at Jantar Mantar in New Delhi on Tuesday. PTI Photo

The Supreme Court, departing from statutory provisions, on Tuesday issued notices to the Delhi police commissioner and others on the plea for registration of an FIR against Wrestling Federation of India chief Brij Bhushan Sharan Singh for alleged sexual harassment of several female wrestlers who represented the country at the international level.

The petitioners have alleged that in spite of lodging complaints with the city police commissioner and others, police have failed to register even a formal FIR against Singh, a BJP MP. Even the union sports ministry, they added, has refrained from making public the report of an “oversight committee” appointed to probe the allegations levelled by them in January this year.

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The bench of Chief Justice D.Y. Chandrachud and Justice P.S. Narasimha not only agreed to depart from the established practice of following the Criminal Procedure Code (CrPC) but also listed the matter for immediate hearing on Friday. The respondents --- the Delhi NCT government, the Delhi police commissioner and the station house officer of the Connaught Place Police Station — are to file their responses on the issue by then.

In view of the seriousness of the allegations, the chief justice also directed that the identities of the women petitioners and those allegedly harassed should not be disclosed. The petition and details of the averments raised can be put into the public domain only after redacting the names and other sensitive details, the bench said.

The judges also decided to examine the matter even without it being formally listed upon a plea for urgent mentioning made by senior advocate Kapil Sibal, appearing on behalf of the aggrieved female wrestlers.

Initially, Chief Justice Chandrachud asked Sibal how the petitioners could directly approach the highest court for registration of an FIR as they should invoke the power of Section 156 CrPC to register a case with the police.

“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,” Sibal argued.

The chief justice, after discussing with Justice Narasimha, then issued the following order: “Mr Kapil Sibal, senior counsel appearing on behalf of the petitioners mentioned the petition for early listing. Having due regard to the urgency, the petition is taken on board.

“For the purpose of these proceedings, the identity of the petitioners shall be redacted and the cause title be read as ‘XYZ and Others vs State NCT of Delhi and Others’. Only the redacted part of the petition shall be made available in the public domain. There are serious allegations of sexual harassment in the petition, which is instituted by professional international wrestlers who have represented India. The matter requires the consideration of this Court in exercise of its jurisdiction under Article 32 (enforcement of fundamental right) of the Constitution.”

The women wrestlers, in their petition filed through advocate Surender Singh Hooda, contended that despite filing complaints, the Delhi police had failed to register the FIR.

“In spite of the lapse of three days i.e, from April 21, 2023 to April 24, 2023, no conclusive action has been taken by the Delhi Police. This clearly depicts a sad state of affairs and a clear violation of human rights.

“It is the responsibility of the police to ensure the safety of all citizens, especially of those who are most vulnerable, however, having miserably failed to discharge their duties, the very institution that is meant to safeguard them,” the plea said.

With inputs from PTI

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