Delhi court issues notice on wrestlers’ appeal against Brij Bhushan acquittal

A Delhi court on Monday issued notice to former Wrestling Federation of India (WFI) chief Brij Bhushan Sharan Singh, former WFI assistant secretary Vinod Tomar and the state on an appeal filed by four women wrestlers challenging their acquittal in a sexual harassment case.

Special Judge Dig Vinay Singh of the Rouse Avenue Courts issued the notices and posted the matter for further proceedings on October 9.

The criminal appeal, filed on September 25, challenges the August 3 judgment of a magisterial court that acquitted Singh of sexual harassment charges and Tomar of a criminal intimidation charge. The case was filed by six women wrestlers, including world championships medallist Vinesh Phogat. The magisterial court had acquitted the accused citing lack of evidence.

In their appeal, the four wrestlers have argued that the acquittal was legally unsustainable and resulted from what they described as a “manifestly erroneous and selective appreciation” of the evidence.

The plea also alleged that the judgment relied, in part, on “archaic and stereotypical assumptions” about how victims of sexual harassment or assault are expected to behave, instead of assessing the evidence in the context of the circumstances faced by the complainants.

The wrestlers have further challenged the court’s treatment of inconsistencies and delays in the complaints and argued that such factors should not have been used to discredit their allegations without considering the circumstances in which the alleged harassment took place.

The appeal was filed through a legal team led by senior advocate Rebecca John. The matter was initially listed for hearing on September 26 but was deferred as the judge was away for judicial training.

The court on Monday also directed that the original affidavit and orders containing the victims’ names be kept in a sealed envelope and that copies of the petition filed in the case carry redacted names.

The case will next be heard on October 9, when Singh, Tomar and the state are expected to respond to the appeal.