'Hugging without sexual intent not an offence': Brij Bhushan Sharan Singh in court

Brij Bhushan Sharan Singh has argued that merely touching a woman, without sexual intention, does not amount to criminal activity. The outgoing Wrestling Federation of India (WFI) chief told a Delhi court on Wednesday.

The submissions were made during a court hearing on framing of charges against Sharan Singh and suspended WFI assistant secretary Vinod Tomar.

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“Merely touching a woman without sexual intent doesn’t involve criminal activity… the event is a wrestling event… the coaches are mostly male. If out of anxiety or joy of doing something for the nation, a coach hugs his student, it shouldn’t be considered an offence,” Advocate Rajiv Mohan, appearing for Singh, told Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal.

Brij Bhushan Sharan Singh has denied allegations of sexual harassment, stalking and molestation. Present in court, he opposed framing of charges in the case lodged by female grapplers via his legal counsel.

Referring to an allegation during a wrestling event in Siri Fort, Delhi, Mohan clarified there were no sexual advances and that only hugging was involved.

He also said some of the cases cannot take place in India. This submission was made in response to alleged incidents in Mongolia and Jakarta. Mohan, quoting Code of Criminal Procedure (CrPC), said the trial must take place where the incident had occurred. Further, as per Section 188 of CrPC, trial cannot be initiated without prior approval by the Central government. He also questioned the timing of the complaints.

“A complaint was filed in 2023 based on the alleged incidents of 2017 and 2018”, he said no strong reason was given behind the delay except that there was a career concern.

For remaining alleged offences in Bellary and Lucknow, Mohan argued that since they are raised in a different state within India, the Delhi court can only proceed if the offence is a “continuing” one. “Sexual harassment is a momentary offence and not a continuing one,” Mohan said.

Another submission was that if an internal committee or departmental inquiry had exonerated him or if the offences are unsubstantiated, then no criminal proceedings can take place.

The metropolitan court had on July 20 granted bail to both Singh and Tomar on a bond of Rs 25,000 each with certain conditions, such as not leave the country without the court’s permission and not offer any inducement to the witnesses.

Hearing in the matter will continue on Thursday.