Merely touching does not amount to criminal activity: Brij Bhushan

“Merely touching a woman without sexual intent doesn’t involve criminal activity…the event is a wrestling event…the coaches are mostly male. If out of anxiety or joy of doing something for the nation, a coach hugs his student, it shouldn’t be considered an offence,” Advocate Rajiv Mohan, appearing for Singh, told Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal as he opposed framing of charges in the case lodged by women wrestlers.

Pointing to an allegation against Singh during a wrestling event in Siri Fort, Mohan said that there were no sexual advances in the case and that only hugging was involved.

He also said that some of the cases mentioned by wrestlers were outside the territorial jurisdiction of the Delhi Court and that cases that occurred outside India cannot be tried by the court without a sanction from the Central Government.

The remaining alleged offences were in Delhi, Bellary and Lucknow. Mohan, who was assisted by Advocates Rishabh Bhatia and Rehan Khan, argued that for offences committed in a different state within India, the court can only proceed if the offence is a “continuing” one. “Sexual harassment is a momentary offence and not a continuing one,” Mohan said. Bringing up the inquiry conducted by an oversight committee of the Sports Ministry, he said that the complaints against Singh were “not substantiated”. The hearing will continue on Thursday.

The metropolitan court had on July 20 granted bail to Singh and Tomar on a bond of Rs 25,000 each with certain conditions, including that they shall not leave the country without the court’s prior permission and not offer any inducement to witnesses.