Brij Bhushan touched us inappropriately under pretext of checking breath: Women wrestlers to court

Erstwhile Wrestling Federation of India (WFI) chief and BJP Lok Sabha MP Brij Bhushan Sharan Singh had touched female wrestlers inappropriately under the false pretext of checking their breath, six complainant wrestlers said in their submissions to the Rouse Avenue Court on Saturday. The court was presented with the victims’ statements, where each recounted the […]

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Sushruta Bhattacharjee
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Erstwhile Wrestling Federation of India (WFI) chief and BJP Lok Sabha MP Brij Bhushan Sharan Singh had touched female wrestlers inappropriately under the false pretext of checking their breath, six complainant wrestlers said in their submissions to the Rouse Avenue Court on Saturday.

The court was presented with the victims’ statements, where each recounted the need to liberate themselves ‘from the clutches of the accused’.

Representing the six women wrestlers, senior advocate Rebecca John argued that the victims reported being inappropriately touched under the guise of breath checks. “The wrestlers told the court that they were touched inappropriately under the pretext of checking their breath. If that is not force, what else is?” she said.

The six female wrestlers have alleged inappropriate sexual advances from Brij Bhushan at events in Mongolia, Kazakhstan, Jakarta, Bulgaria, Lucknow, Ballari, and New Delhi.

John further said that the offences of sexual assault and intimidation were ‘interlinked’ in these cases.

John pointed out that the victims’ discomfort stemmed from the absence of consent and questioned the accused’s authority to conduct such examinations. “Is the accused a doctor…why was he checking their breath,” she questioned.

Reading out the complaints of the wrestlers, John highlighted instances where the victims had attempted to push away the accused, suggesting the use of force. She argued that this met the criteria for an offence under IPC Section 354, which pertains to the assault or criminal force on a woman with intent to outrage her modesty.

Only hugging involved, not sexual assault: Brij Bhushan’s counsel tells court

While Bhushan’s counsel, Advocate Rajiv Mohan, had previously contended that only ‘hugging’ was involved and didn’t constitute sexual assault under Section 354, John presented ‘corroborative evidence’ and cited Section 6 of the Indian Evidence Act. She said that statements from witnesses who didn’t directly witness Bhushan’s actions should be considered as supportive evidence.

“There were six complainants and six witnesses… many of them directly saw Bhushan,” she said.

John referenced the Krishan Kumar Malik judgment, arguing that ‘Res Gestae’ evidence, where Bhushan’s actions weren’t directly observed by witnesses, should be considered admissible. She noted that there was no interval between the incidents and the victims promptly informed witnesses, making fabrication unlikely.

Bhushan’s defence previously argued that the Delhi court lacked territorial jurisdiction as some incidents occurred abroad.

The case is scheduled for further hearings by Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal on September 1.