WFI sexual harassment: Supreme Court closes case after noting FIR registered against WFI chief, security provided to complainants

After hearing the submissions of the petitioner’s counsel and Solicitor General Tushar Mehta, the bench said in its order, “The petition has been instituted by three petitioners, all of whom have stated that they have represented India in reputed international wrestling events. Notice was issued….on April 25, 2023. On April 28, 2023, this court was appraised by the Solicitor General that “since the allegations implicate the commission of a cognisable offence, the respondents have decided to register a First Information Report (FIR) today.”

On April 28, 2023, two FIRs were registered for the alleged offences under provisions of the Indian Penal Code (IPC) and The Protection of Children from Sexual Offences Act (Pocso) Act.

“The statement of the minor complainant under section 161 was recorded on April 29. The statement of four complainants under Section 161 CrPC has been recorded on May 3, 2023. The court has been appraised of the fact that the rest of the statement was recorded on May 3. The SG has also apprised the court that process of recording the statement under Section 164 CrPC before the jurisdictional magistrate will be initiated shortly,” the order said.

It added, “The purpose of the petition before this court was to ensure the registration of the FIR, which has now been registered. Apart from the registration of the FIR, this court had passed other directions for the purpose of ensuring security to the complainants. The Deputy Commissioner of Police, New Delhi District, has filed an affidavit indicating that proper security has been provided to the minor complainant. In addition, it has been stated that after making an assessment of the threat perception to the other complainants, due arrangements have been made for the provision of security.”

The court said, “having due regard to the ambit of the proceedings which were instituted before this court, and following the registration of the FIR, we close the proceedings at this stage. The petitioners…would be at liberty to do so, either before the jurisdictional magistrate or as the case may be, the Delhi High Court…”

The counsel appearing for the petitioners’ counsel urged the court to have the investigation monitored by a retired judge of either the Supreme Court or the high court. “Keeping in view the conduct of Delhi Police till date, I would earnestly beseech this court to have some monitoring, either by some retired judge of SC or HC because I am sure without any confusion, the moment these proceedings are disposed of, the Delhi Police will drag its feet as they have been doing…,” he submitted.

The bench, however, said “Therefore we said we are closing it at this stage and we have given you liberty to either move the jurisdictional magistrate or the Delhi HC under Article 226.”

The counsel then said, “Since this court has chosen not to monitor, the message to the magistrate will also be that he doesn’t have to monitor. Please give a direction to the magistrate…”

The CJI then told the counsel, “We have recorded that the petition was filed here for the registration of an FIR. That purpose of the petition has been fulfilled. We have not said this is not worthy of being monitored… We confined ourselves to the prayer what you came before us, which is the registration of an FIR. That having been fulfilled, we have gone one step further and said you are at liberty to move the HC…”

The counsel said that an “observation that the concerned magistrate may consider monitoring it properly keeping in view the sensitivity of the case will empower the magistrate to really go into it”, but the court did not oblige.

The bench said, “If you are aggrieved by any order of the magistrate or if you feel there is a need for further directions, move the Delhi HC. They will entertain the proceedings with our order now.”

For 11 days and counting, prominent wrestlers have been protesting at New Delhi’s Jantar Mantar, seeking action against Brij Bhushan.