Brij Bhushan Sharan Singh: Accused, charged, and now on trial

Two years after India's top woman wrestlers accused former Wrestling Federation of India (WFI) chief and BJP's ex-MP Brij Bhushan Sharan Singh of sexual harassment, the case appears to be on track.

As the heat and dust generated by the protests that sparked widespread political and public debate settle, the law is taking its own course with the victims beginning to record their statements.

Background

On April 23, 2023, some of India's most celebrated wrestlers, including Olympic medalists Bajrang Punia, Vinesh Phogat, and Sakshi Malik, publicly accused Brij Bhushan of sexual harassment. They launched a protest at Jantar Mantar in the national capital, demanding immediate legal action against the then WFI chief. Despite the seriousness of the allegations, no FIR was registered initially, prompting the wrestlers to approach the Supreme Court which directed Delhi Police to file cases against Singh. On April 28, 2023, Delhi Police registered two FIRs—one under sections related to sexual harassment and the other under the Protection of Children from Sexual Offences (POCSO) Act, as one of the complainants was a minor.

Protests and political reactions

Even after the registration of FIRs, the wrestlers continued to protest, demanding Brij Bhushan's arrest. On May 28, 2023, they attempted to march towards the newly inaugurated Parliament building but were detained by the Delhi Police. The protest soon gained political traction, with several opposition parties and farmer unions expressing their support for the aggrieved wrestlers. The issue eventually reached Parliament, where opposition leaders accused the government of shielding Brij Bhushan.

Legal developments

On June 15, 2023, Delhi Police filed a 1,082-page chargesheet in the case under sections 354 (assault or criminal force with intent to outrage modesty), 354A (making sexually coloured remarks) and 354D (stalking).

Along with Brij Bhushan, the then WFI secretary Vinod Tomar had also been charged under sections 109 (abetment), 354, 354A, and 506 (criminal intimidation) of the Indian Penal Code. Meanwhile, the POCSO charges were dropped, since the Delhi Police filed a 552-page cancellation report finding no corroborative evidence against Bhushan, citing statements from a minor wrestler, her father, the complainant, Singh, and other witnesses. However, allegations of sexual harassment remained. The trial court began preliminary hearings on July 20, 2023, and Brij Bhushan was granted bail. By March 2024, the trial court had begun hearing final arguments, and in May, it ordered the framing of charges against the former WFI chief. In August 2024, the Delhi High Court refused to quash all FIRs against the former WFI chief, saying "There cannot be an omnibus order on everything. If you wanted to challenge everything, you should have done... [it before the trial began]. Once the trial has commenced and charges have been framed... this is nothing but an oblique way..."

Charges 

On May 22, 2024, the court formally charged Brij Bhushan with sexual harassment, outraging a woman's modesty, and criminal intimidation under sections 354, 354-A, and 506 of the Indian Penal Code as it found sufficient material on record to frame charges related to five out of the six victims in the case. Additional Chief Metropolitan Magistrate Priyanka Rajpoot concluded that there was enough evidence to proceed with the trial. Referring to the statements of the victims, the Delhi Police alleged that Bhushan, on the pretext of checking the wrestler's breath, would put his hand in their t-shirt and fondled their private parts without their consent. It had also alleged that the complainants were molested abroad and in different parts of India.

Current status

Since November 2024, the trial court has been recording statements of witnesses in closed chambers. So far, the recording of testimony of one victim has been completed, while the deposition of another victim was underway. The next hearing is scheduled for March 3, 2025, as the court has to record testimonies of both complainants and the defense.