Citing witnesses' contradictory statement, Brij Bhushan urges court to discharge case

New Delhi: Brij Bhushan Sharan Singh, a BJP MP and the former chief of the Wrestling Federation of India, sought a Delhi court on Saturday to dismiss him from the case of sexual harassment brought by six female wrestlers, citing inconsistencies in the prosecution witnesses' testimony. The accused, represented by lawyer Rajeev Mohan, further asserted that the oversight committee established to investigate the matter was required by law to suggest filing a formal complaint within a week of its formation.

But "since in the matter at hand, no such recommendation has been made, it is safe to assume that the Oversight Committee did not find a prima facie case against accused", he said.

The judge, meanwhile, granted exemption from personal appearance for the day to Singh on an application moved by his lawyer.

"Since no prima facie case was found out by the Oversight Committee, and since no case was found out, no FIR was registered, and since no FIR was registered, it automatically amounts to exoneration," the counsel told the court.

The defence counsel further claimed that the statements made before the Oversight Committee and the statements recorded under section 164 CrPC have material contradictions and that "the statements made later in time (under section 164) have material improvements and, therefore are liable to be rejected in toto".

"Since there are material contradictions in the statements of the prosecution witnesses, that itself calls for discharge of the accused as the contradictions have the effect of taking the case away from the arena of grave suspicion, towards only mere suspicion," the counsel said.

The argument was opposed by the public prosecutor, who said the constitution of the Oversight Committee itself was not in accordance with the law.

"There is no question of exoneration because no recommendations/ findings have been given by the said Committee," the prosecutor said.

The judge will further hear the matter on October 30.

The city police had filed a charge sheet in the case against Singh, a six-time MP, on June 15 under sections 354 (assault or criminal force to woman with intent to outrage her modesty), 354A (sexual harassment), 354D (stalking) and 506 (criminal intimidation) of the IPC.

The police had also charged Vinod Tomar, the suspended assistant secretary of the WFI, in the case.

With PTI inputs