The law of a nation is equal for all and can neither be used in the favour of the victims nor tilted to favour the accused, a Delhi court observed in its order while granting bail to BJP’s Member of Parliament (MP) Brij Bhushan Sharan Singh in the sexual harassment case filed against him by Indian women wrestlers.
Harjeet Singh Jaspal, Additional Chief Metropolitan Magistrate (ACMM) of the Rouse Avenue Courts observed that the allegations in presented were serious and can’t be denied.
However, the Court said that the seriousness of the allegations is only one of the relevant considerations in bail applications. It’s not the only test or decisive factor to granting of bail, the Court explained.
The Court also added, “When the undertrial prisoners are detained in jail to an indefinite period, Article 21 of the Constitution is violated.”
The Court also noted that the Additional Public Prosecutor did not oppose grant of bail to Brij Bhushan.
The Court also highlighted that the investing agency didn’t express any apprehension that Brij Bhushan and co-accused Vinod Tomar may abuse their position to do tampering with the evidence.
The Court found that although the counsel for complainants raised such concern, no specific instance has been put on record to prove that the victims were threatened.
That’s why, Judge Jaspal granted bail to BJP MP and co-accused Vinod Tomar.
Six female wrestlers have made allegations of sexual harassment against BJP MP Brij Bhushan. The Delhi Police had registered a First Information Report (FIR) making the complaints of female wrestlers as ground.
The Police filed a Chargesheet against Singh on 15 June 2023 for offences under Sections 354, 354A, 354D, and 506 of the Indian Penal Code (IPC).
Before the filing of the chargesheet in the court, several wrestlers had gathered and protested over the apparent failure of the authorities to take any legal action on sexual harassment allegations leveled against WTF President, Singh.
Due to this, they also moved the Hon’ble Supreme Court of India to appeal for registering an FIR against Singh.
Subsequently, the Supreme Court was informed by Delhi Police that an FIR had been registered and the investigation was also on track.
A minor wrestler had also put allegations against Singh. However, later the minor withdrew her complaint and the Delhi Police filed a cancellation report in the same matter.
Source: https://www.barandbench.com/news/litigation/law-equal-delhi-court-brij-bhushan-sharan-singh-bail-order-sexual-harassment-case