WFI row: SC refuses to monitor FIR, closes petition filed by women wrestlers

The court, however, permitted the petitioners to approach the concerned magistrate or the Delhi high court in case of any further directions

The Supreme Court on Thursday refused to monitor the probe conducted by the Delhi police on a complaint by top women wrestlers alleging sexual harassment against Wrestling Federation of India (WFI) president Brij Bhushan Sharan Singh.

Supreme Court of India. (ANI File Photo)

Closing the proceedings in the petition initiated by three women wrestlers seeking registration of a first information report (FIR) on their April 21 complaint, a bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud said that nothing survived following the registration of the FIR by Delhi Police on April 28. However, the court permitted the petitioners to approach the concerned magistrate or the Delhi high court in case of any further directions.

The bench, also comprising justices PS Narasimha and JB Pardiwala, said, “Keeping in mind the ambit of these proceedings and following the registration of FIR, we close the proceedings at this stage. The petitioners are at liberty to seek further directions before the jurisdictional magistrate or the high court under Article 226.”

At this stage, the wrestlers represented by senior advocate Narender Hooda urged the court to have a retired SC judge to monitor the investigations. “Looking at the conduct of the Delhi police, I have no doubt that if these proceedings are closed, the Delhi Police will drag its feet,” he said, requesting an observation to the concerned magistrate handling the matter to monitor the investigation looking into the sensitivity of the case.

“We have recorded that this petition is for the registration of an FIR. We have not said that this is not a matter worthy of monitoring. In case you are aggrieved with any direction of the Magistrate, you can approach the high court with this order,” the bench said.

During the proceedings, the Delhi Police represented by Solicitor General Tushar Mehta informed the SC that security had been provided to all the seven complainants, including the minor. He further informed that the statement of the minor victim and four other complainants under Section 161 of the Code of Criminal Procedure (CrPC) has been recorded. The process of recording their statements before the magistrate will be initiated shortly, he added.

Mehta urged the SC to trust the police probe as he objected to the petitioners coming at every stage of investigation to the court seeking directions.

Hooda told the court that despite it protecting the identity of the complainants, the accused has become a “TV star” by giving interviews on television and openly naming the complainants. He further informed that while the statement of the minor girl was recorded on April 29, nothing moved ahead till the petitioners informed the SC on May 3 that absolutely nothing is happening on their complaint. That same day, notices for recording the statement of other complainants were issued by the police.

Appearing for Singh, senior advocate Harish Salve objected to the allegations levelled against his client without making him a party. Salve said the complainants are sitting on dharna at Jantar Mantar, and requested the SC that if any further directions are to be passed, he should be added as a party to the ongoing proceedings.

On the scuffle between the police and protesting wrestlers, Mehta said, “Two political leaders of a political party went with trucks full of folding beds that was prevented by the police which led to a scuffle.” He said that wrestlers alleged policemen were drunk, but this was found to be false after their medical examination.

“The court must trust the police. There is something more than what meets the eye. We are doing our best. The police is following a chronology of recording the statements. By tomorrow, the statement of 2 or 3 complainants will be recorded,” Mehta said, adding that investigations into the case are being handled by a senior lady IPS officer and the statement of complainants were recorded in the presence of women constables at the office of their lawyer.

The court had issued notice on the petition filed by three top women wrestlers who won India medals at international competitions. They had submitted a complaint to the Delhi Police on April 21 and approached the SC seeking direction to register their complaint which the police allegedly refused to.

On April 28, the police informed the top court that the FIR will be registered since the complaints disclosed a cognizable offence. The same day, two separate FIRs were registered – one exclusively on the minor victim’s complaint invoking offences under the Protection of Children from Sexual Offences (POCSO) Act.