Wrestlers' Protest | Supreme Court Should Have Monitored Delhi Police Investigation Against Brij Bhushan : Justice Madan B Lokur

The Supreme Court of India ought to have monitored the investigation carried out by the Delhi Police into the allegations of sexual assault and criminal intimidation against the Wrestling Federation of India’s chief, Brij Bhushan Sharan Singh, said Justice Madan B Lokur. Besides this, the retired Supreme Court judge also slammed the Delhi Police for its handling of the allegations against the WFI president, as well as its treatment of the wrestlers who have been protesting against the alleged inaction of the State machinery. Justice Lokur was speaking at a webinar on ‘The Wrestlers’ Struggle: Accountability of Institutions’ organised by ANHAD and the National Alliance of People’s Movement (NAPM). Also on the panel were Supreme Court advocates Vrinda Grover and Shahrukh Alam, and senior journalist Bhasha Singh. The programme was moderated by Anjali Bhardwaj, a transparency activist and founder of the Delhi-based Satark Nagrik Sangathan (SNS). Justice Lokur expressed his concerns about the fairness of the police investigation, highlighting, in particular, the ‘threat perception’ that – he claimed – the Supreme Court had itself acknowledged when it directed one of the complainants – a minor girl – to be provided with security. What drove the wrestlers to protest and eventually to the Supreme Court as well, is the failure of the government to ‘make public’ the report of an oversight committee established by it to look into the allegations against Brij Bhushan, and the Delhi Police’s refusal to file a first information report (FIR). On May 4, the Court closed the wrestlers' petition taking note of the fact that the Delhi Police has already registered an FIR. The Court turned down a request made by the wrestlers' counsel to monitor the investigation and said that the petitioners can avail other remedies if they have further grievances. Criticising the Court's approach, the former Supreme Court judge said : “The petition before the Supreme Court questioned why an FIR had not been registered despite it being a cognisable offence. The court issued notice to the police in April and then they come out very magnanimously and agreed to register an FIR. This suggests that there was some substance in the complaint. The first thing the Supreme Court ought to have done is ask why an FIR had not been lodged before the matter was listed, which it did not do. In an affidavit, the court was also informed that there was a threat to the life of the wrestlers. On the next date of hearing, the bench directed police protection to be given which suggests that the life threat indicated to SC was perhaps real. Before the hearing, there was a scuffle that took place in Jantar Mantar where some drunk police officials manhandled the wrestlers, which the court must have been aware of since news about the incident was published in the newspaper. However, during the hearing, the bench said that the petitioners could approach the jurisdictional magistrate or the Delhi High Court in case of anything further. This should not have been said by the Supreme Court.” Justice Lokur proceeded to substantiate his stance by saying: “The whole thing suggests that the Delhi Police was slow and the wrestlers were under a threat, which the Supreme Court accepted. Keeping in mind the delay in lodging an FIR, even though it was a case of aggravated sexual assault, and the threat perception, the Supreme Court ought to have monitored the investigation so that nothing goes wrong. The Supreme Court has in the past monitored investigations, not with the view to see that the persons against whom the cases are filed are convicted, but to see that things don't go wrong, especially in cases involving politically well-connected persons such as the Jain Hawala case in the 90s...In some other cases also because of the nature of the case or persons involved, the court monitors the investigation to see that it does not get derailed. In my view, the court did not fully appreciate the position when they decided to not monitor the investigation. I think they should have.” Besides this, the former judge also questioned the government’s refusal to make the report of the oversight committee publicly available. “The contents of the report were a big secret to everyone, but why? An adverse presumption could be drawn here, as lawyers put it. The first thing that would have been done if the report was in favour of the accused person was that it would have been made public. Therefore, the first presumption is that the report is against the person against whom allegations have been made. The refusal to make the report public, and register and FIR were what drove the wrestlers to protest on the streets.” Questioning the modus operandi of the Delhi Police, while investigating the allegations, Justice Lokur said, “There was a peaceful candle march at Jantar Mantar in May. Later, the police came up with the idea...

Wrestlers' Protest | Supreme Court Should Have Monitored Delhi Police Investigation Against Brij Bhushan : Justice Madan B Lokur

Awstika Das & Aditi Saboo

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