Indian World Championships and Commonwealth Games medalist Vinesh Phogat said on Thursday that the police have imposed section 144 at Rajghat in Delhi and stopped the wrestlers from holding a press conference. India’s ace grappler, Vinesh Phogat, had announced that a press conference will be held by the wrestlers on Thursday.
Vinesh took to Twitter, to announce that a press conference will be held at Delhi’s Raj Ghat at 12:30 pm. Along with Vinesh, Bajrang Punia and Sakshi Malik also took to Twitter, to announce the press conference. ‘Hello everyone Tomorrow at 12:30 pm we are holding a press conference at Raj Ghat in Delhi. Jai Hind’, Vinesh wrote in her tweet. Now, she has said that the police has imposed section 144 at the venue and press conference is not being allowed. She also said that the time and place of the next press conference will be finalised. ‘The police have imposed section 144 at Rajghat and have stopped us from holding a press conference. Will finalize the time and place of the next press conference soon,’ tweeted Vinesh.
Last month, Vinesh and Bajrang recieved an exemption from the ad hoc committee from the Asian Games, Hangzhou, trials which will begin on September 23. They recieved a lot of criticism from wrestlers and they broke their silence by doing a combined live session on Facebook and replying to the accusations that wrestler Antim Panghal made on their exemption from the trials for the Asian Games, Hangzhou. While addressing the accusations made by Antim, Vinesh said during the live session, Vinesh said, ‘We are not against the trials. I am not blaming Antim. She is too young to understand. She is right in her place. She is fighting for her right and we are fighting for our right. But we are not wrong’.
Both wrestlers addressed the accusations that have been made against them after the Indian Olympic Association (IOA) ad hoc committee gave them an exemption from the trials and direct entry into the squad in their respective weight categories. Wrestler Antim Panghal through a video communication has raised questions over the exemption given to wrestlers Bajrang Punia and Vinesh Phogat for direct entry into the Asian Games 2023. Delhi High Court also dismissed the petitions moved by wrestlers, Antim Panghal and Sujeet Kalkal, over the exemption given to wrestlers, Bajrang Punia and Vinesh Phogat, for direct entry into the Asian Games 2023.
Notably, The counsel for BJP MP Brij Bhushan Sharan on Wednesday argued on the point of charges in the sexual harassment case that hugging or touching a woman without sexual intent is not an offence. The counsel also submitted before Rouse Avenue Court on the point of jurisdiction and limitations in the matter. He said the allegations are time-barred. Additional Chief Metropolitan Magistrate (ACMM) Harjeet Singh Jaspal heard the arguments advanced by advocate Rajiv Mohan, counsel for Brij Bhushan Sharan Singh.
The matter has been listed for further arguments on Thursday. This case has been registered on a complaint by women wrestlers. Delhi police filed a charge sheet against Brij Bhushan Sharan Singh and Vinod Tomar. Advocate Rajiv Mohan submitted that the chargesheet has been filed on the basis of allegations levelled by six wrestlers. Section 218 CRPC says for each offence there shall be separate chargesheet, the counsel argued. He also raised the objection in relation to the jurisdiction in the matter. He argued that arguments on jurisdiction and limitation can be heard on the stage of charge. The counsel further submitted, ‘If we take these allegations, Indian jurisdiction only lies in three of these allegations’.
Section 188 CrPC has an explicit bar. All allegations/offences that are committed outside India, this court won’t have jurisdiction untill the requisite sanctions come in, Advocate Rajiv Mohan argued. He submitted that in the instance of Delhi, court has the jurisdiction. The place of enquiry and trial are specific in CrPC. Within India, territorial jurisdiction lies at the place of instances, unless it’s a case of continuing offence, he submitted.
Meanwhile, he further argued that the offences like outraging modesty, rape and murder cannot be termed as continuing offences. These are momentary offences, he added. He also submitted that two offences are related to Ashoka Road and Siri Fort. The offence of Siri Fort is only of hugging. Further, he submitted that suddenly touching a woman without criminal force or sexual intent is not an offence. Advocate Rajiv Mohan also raised the point of delay in the complaint and therefore the limitation. He submitted that the complaint is barred by time, no statement is there to overcome the bar of limitation….’ saying I was worried about my career is not a reasonable ground to overcome the bar’.
He further submitted on the criminal intent and argued that the wrestling is such an event, most coaches are male, and female coaches are rare. If a coach out of joy, after an achievement hugs a player, it can’t fall under the category of offence. On the point of jurisdiction, the counsel said if we see the complainant and their allegations, all seven allegations are seen in India. There are three in Delhi, Bellary and Lucknow. Section 4 CrPC gives extraterritorial jurisdiction to the court. However, there is a bar on section 4 of section 188 CrPC. The offences committed outside India cannot be tried by the court due to the lack of sanction under section 188 CrPC, the counsel argued. He further submitted that in this light, the complainant’s one allegation of Mongolia cannot be tried in India.
On the point of an incident of Bellary, Karnataka, he argued that the place of inquiry or trial from section 176 to 188 crpc specifies which trial to take place where. He further submitted that if it is a continuing offence then wherever the offence is committed can be tried. But offences of molestation, rape, etc. are momentary offence. The offence of outraging modesty and using criminal force, these offence cannot be turned into continuing offences, he argued. Section 188 CrPC limits that the offence committed beyond India cannot be tried. Bellary and Lucknow court can try the matter for offences committed there, the counsel argued.
He also raised the point of delay in filing the complaint. The complaint was lodged in April 23, offences are of 2017 and 2018. The allegations of Siri Fort is hugging without any sexual advances. It was also submitted that if the stage would have been before 2013 only 354 applied but after 2013 two provisions were created and Supreme Court has said that a specific provision would prevail (354A) IPC. Touching does not involve criminal force or assault, the counsel argued. ‘There are no statements of the complainant in the chargesheet. These cosmetic grounds would not hold that I was under threat. If you are moving freely and then for 5 years you did not come forward then saying that you were under threat is not a valid explanation’, he submitted.
The event is such and if a male coach hugs some player out of anxiety is not an offence. Hugging without any sexual advance and is of 2017 and 2018 and the offence of touching is barred under section 468 crpc and there are no explanations for Section 473 Crpc, the counsel submitted. Offence have not been explained in the chargesheet. Until the 239 stage is not complete, the trial cannot be proceeded, he added. He also submitted that before the investigation, an inquiry was done by the sports ministry. The complaint was not substantiated. He referred to a decision of the High Court that has said in a judgment of 2023 that if a matter is filed before a sexual harassment committee and the complaint was not corroborated, the accused cannot be prosecuted on the same ground.
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