Finally the Delhi Police on June 15 filed a charge sheet running over 1,000 pages with statements of around 200 witnesses in the alleged sexual harassment case against outgoing Wrestling Federation of India (WFI) chief Brij Bhushan Sharan Singh. Besides filing the charge sheet before Chief Metropolitan Magistrate Mahima Rai of the Rouse Avenue Courts, the Delhi Police also approached the Patiala House Courts seeking cancellation of an FIR by a ‘minor’ wrestler accusing Brij Bhushan Singh of sexual harassment. The 550-page report filed by the police said that no corroborative evidence was found to support the allegations levelled in the FIR.
The claim by police that no corroborative evidence was found to support the allegations was flayed by the Congress. The charge sheet mentions Brij Bhushan Singh as an accused for offences under Sections 354 (Assault or criminal force to woman with intent to outrage her modesty), 354A (making sexually coloured remarks), and 354D (stalking) of the Indian Penal Code (IPC). In the charge sheet, former WFI Assistant Secretary Vinod Tomar, who is also an accused in the case, has been charged with offences under Sections 109 (offer a bribe), 354, 354A, and 506 (criminal intimidation) of the IPC. The charges against Brij Bhushan under various sections of the IPC raise questions about whether the accused will be arrested.
A charge sheet is filed in the court only if the investigating officer finds sufficient evidence during the probe, with request to take cognizance of the offences under which the FIR was lodged. No arrest will be made now as the accused has already joined the investigation and is cooperating with the probe. Moreover, the offences under which arrest of the accused is demanded are prescribed punishments with sentences of not more than seven years. In the Arnesh Kumar judgement passed by the Supreme Court, the top court had specifically directed that arrest of the accused be avoided where the punishment is not more than seven years. The statement of the complainant is generally sufficient to file a charge sheet under Section 354 of the IPC.
As the charge sheet has been filed against Brij Bhushan Singh, he will now have to take bail from the concerned Magistrate. There is no obstacle to getting bail after a charge sheet has been filed under Section 354. Legal experts said that Sections 354 and 354A are non-bailable, while Section 354D is bailable. Trial will commence after framing of charges by the court. The power to arrest is different from the need to arrest. It is for the police to see whether to arrest an accused or it can file a charge sheet without arrest. The court can’t direct the arrest of any accused during investigation. One thing is clear that no one is above the law in society. Every person, regardless of how powerful he may be, has to face the rigour of law. Also, there is presumption of innocence in favour of the accused until he is convicted by the court of law.
