ARGUING FOR framing of charges against BJP MP and outgoing Wrestling Federation of India (WFI) chief Brij Bhushan Sharan Singh, who is facing allegations of sexual harassment from women wrestlers, Public Prosecutor Atul Kumar Srivastava told a Delhi court Friday that there was sufficient evidence for a case against him. Countering the argument that there were no sexual advances in one allegation and that only hugging was involved, the Public Prosecutor said: “With what intention the accused has given the hug is important.” On Wednesday, arguing for Brij Bhushan, lawyer Rajiv Mohan had also said that “merely touching a woman without sexual intent doesn’t amount to criminal activity”, adding that a case of assault or criminal force to outrage a woman's modesty was not made out against his client. Reading the allegations from the chargesheet, Kumar argued on Friday that groping repeatedly was involved in one of the instances and, therefore, a case of assault and criminal force to outrage a women's modesty was made out. He said that at the stage of charges, the intention of the accused will have to be gathered from the allegations against him. “Detailed reasons are not required to frame charges. Allegations in the chargesheet are sufficient. Only prima facie charges have to be seen during the charge stage. Convicting the accused beyond a reasonable doubt will only be seen during the trial stage,” said Kumar. Countering the argument that some of the cases mentioned by wrestlers were outside the territorial jurisdiction of the Delhi court and cases that occurred outside India cannot be tried by the court without sanction from the central government, Kumar referred to a 2021 judgment of a three-judge bench. He said that only if the entire incident takes place abroad, a sanction of the central government is required. “Part of the offence was committed on the soil of this country, therefore, there is no requirement of sanction from the central government,” the Public Prosecutor said. He also argued that if an offence is committed partly in one area and partly in another, all courts of those areas can take jurisdiction of the case. On the argument that an oversight committee of the Sports Ministry had exonerated Bhushan, Kumar, while reading the report, said the panel never cleared him. “They have merely given instructions for redressal,” he said. Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal of the Rouse Avenue Court listed the matter for further hearings on August 19.
