- The Delhi government will have to respond as to why no action has been taken so far
New Delhi, April 25.
The Supreme Court on Tuesday sought an explanation from the Delhi government on its failure to act on sexual harassment charges levelled by several award-winning women wrestlers of the country against Wrestling Federation of India Brij Bhushan Sharan.
The wrestlers, including the likes of Vinesh Bhogat and Sakshi Malik, have been sitting on a dharna at Jantar Mantar demanding that the government take action against the BJP leader. This is their second round of agitation demanding action against Sharan.
In their plea, they have sought court intervention to have an FIR registered immediately and the charges probed. This was mentioned in court by senior advocate Kapil Sibal.
He pointed to a bench led by Chief Justice of India D.Y. Chandrachud that the women wrestlers also include a minor. A committee report has not been made public. Nor an FIR been filed, he said.
The last compliant was filed by a minor who has won a gold medal, Sibal pointed out.
Normally, under Section 156 of the CrPC, an officer in charge of a police station may, without the order of a magistrate, investigate any cognizable case. In this case, no action has been taken.
The CJI referred to this when he took a look at the papers. Sibal said that the law mandates the police to act but they haven’t. The police can be prosecuted for not having acted, he said.
After hearing the preliminary arguments, the bench issued notices to the Delhi government seeking an explanation as to why it had failed to act on the charges so far.
“These are serious allegations… made by wrestlers who have represented India and the sexual harassment meted out to them. The matter requires consideration by this court.”
The notice has to be responded to by Friday. The court ordered that their identities and the contents of their complaints be kept out of the court records for now.
The wrestlers had protested at Jantar Mantar three months. Following this, the Sports Ministry had set up a committee. The players allege that the committee had given Sharan a clean chit and was hence not being made public.
They have been sitting again at Jantar Mantar. Among the wrestlers seen at the protest site were Bajrang Punia, Sangeet Phogat, Satyawrat Kadian, Somveer Rathi and Jitender Kinha.
They have been demanding Sharan’s immediate arrest as one of the complainants was a minor and any such conduct against a minor warrants invocation of the stringent The Protection of Children from Sexual Offences Act or POCSO.
