Mini trial can't be done: Delhi police urges Delhi court to frame charges in Brij Bhushan Singh sexual harassment case

The Delhi police has opposed the arguments of the defence counsel of former Wrestling Federation of India (WFI) chief Brij Bhushan Singh saying a “mini-trial” cannot be conducted at the current stage of the case [State v. Brij Bhushan Singh & Anr]..The matter is before the Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal who is presently hearing arguments on the question of charges to be framed against Singh. Appearing for the Delhi Police, additional public prosecutor Atul Shrivastava asserted on Friday that the Delhi court had jurisdiction to deal with the case, contrary to what the defence has claimed. In this regard, he pointed out that part of the offences were allegedly committed in the national capital.Shrivastava further urged the court to frame charges in the matter, contending that the legal provision (Section 188, CrPC) relied upon by the defense was only applicable when the offence was committed outside India in its entirety and not otherwise.Since the offences in question have partly been committed in Delhi and partly outside, the Delhi court will have jurisdiction, Shrivastava said..The prosecutor further submitted that a on oversight committee report exonerating Bhushan was merely a departmental inquiry. This 'report' does not bar the jurisdiction of the court to hear the case, Shrivastava added.The court was told that it was duty bound to only see the material on record and see if a prima facie case is made out. A “mini-trial” cannot be conducted at the current stage, the prosecutor contended.The court will hear further arguments on behalf of the complainants on August 19..Singh’s counsel had earlier argued that the alleged offences had purportedly been committed outside India. As such, it was submitted that this case cannot be tried by the Delhi court. It was also contended that an internal sexual harassment committee had exonerated the former WFI chief on the same allegations, arising out of same facts, and, therefore, there can be no new prosecution..Six wrestlers levelled sexual harassment allegations against Singh. Based on their complaints, the police had registered a first information report (FIR).On June 15, 2023, the police filed a chargesheet against Singh for offences under Sections 354 (outraging modesty), 354A (sexually coloured remarks), 354D (stalking) and 506 (1) (criminal intimidation) of the Indian Penal Code (IPC).The complainants had moved the Supreme Court earlier for the registration of an FIR against Singh.Subsequently, the Supreme Court was informed by Delhi Police that an FIR was registered and that the investigation was on track.A minor wrestler had also levelled allegations against Singh. However, she later withdrew her complaint and the Delhi Police filed a cancellation report in that case..Advocate Rajiv Mohan represented the accused, including Brij Bhushan Singh and Vinod Tomar.Advocate Harsh Bora appeared for the complainants. .[Read Order]