'If he has been able to overcome this major obstacle (withdrawal of POCSO after the complainant and victim withdrew the charge) I don't think he has anything to worry about now.'
'Cancellation of POCSO is akin to giving him a lifeline.'
Former Uttar Pradesh director general of police Dr Vikram Singh tells Prasanna D Zore/Rediff.com why, while charges against Wrestling Federation of India President Brij Bhushan Sharan Singh have been watered down after the cancellation of the Protection of Children from Sexual Offences (POCSO) after the minor victim and her father changed their statements, he will not be a free man, but has nothing much to worry about.
The BJP's Lok Sabha MP from Kaiserganj in UP, Singh, has been charged under Indian Penal Code Sections 354 (assault or use of criminal force against a woman with the intent to outrage her modesty, which is the only cognisable and non-bailable section against Singh), 354A (sexual harassment and punishment for sexual harassment), 354D (stalking) by the Delhi police. The POCSO case was cancelled after the minor victim and her father withdrew the complaint against Singh under this section.
"He will not be arrested because unless there's punishment of seven years and more arrest need not happen. (Imprisonment under) Section 354 is less than seven years. Therefore, it is a win-win situation for the accused," says retired DGP Singh.
Did the Delhi police do the right thing by charging BJP MP Brij Bhushan Sharan Singh under Sections 354, 354A and 354D of the Indian Penal Code?
No, I have my own reservations (about charges under these three sections). This is not the way to conduct a sensitive investigation.
The evidence of the prosecutor was sufficient reason to (file a) chargesheet (in) a case; you don't have to beat around the bush without coming to the point.
Firstly, it was the intervention of the Supreme Court that saw the registration of the case (against Singh). Why did it happen that way? There is the provision of (Section) 166A of the IPC.
After the Nirbhaya case, this was introduced in the IPC against negligent and delinquent police officers who refused to act in such cases (of sexual assault).
Why (was) no action taken (against Singh and finally) the Supreme Court had to intervene.
Why was the POCSO case withdrawn?
I will not comment on the circumstances (under which the POCSO against Singh was withdrawn), but the fact of the matter is have you (the Delhi police) investigated the reasons (why the victim withdrew the POCSO against Singh) and what were the compulsions that in a matter as serious as POCSO the charges were withdrawn by the complainant and the (minor) victim? This also needs to be inquired.
If you go on endlessly, what options do the complainant and the victim have (the charges against Singh were framed almost 50 days after complaints were first filed by the wrestlers)?
There's always a best way of doing everything. This is certainly not the best way or even an ordinary way of doing a thing. This is the shoddiest way of conducting such an investigation.
What are the most glaring instances of misconduct committed by the Delhi police in handling this case?
First: The non-registration of the case (against Singh).
Second: No action under 166A against delinquent police officers.
Third: Taking of complainants to the house and the office of Brij Bhushan Sharan Singh. There was no reason to take them (the victims of sexual assault) to the house of the accused (Singh); it's like taking the victim's family to the murderer's residence.
And that too at a time when he (Singh) was present in the house, he was present there.
There's always the best way to ensure the secrecy and security of the complainant.
All this caution was thrown to the winds. I have my reservations about the quality and the integrity of the investigation.
Would the statement by Union Sports Minister Anurag Thakur saying the chargesheet will be filed within 15 days affect the integrity and fairness of the probe against Brij Bhushan Sharan Singh?
This was also totally uncalled for. Did he (Thakur) mean to say it was a fixed investigation?
How would a sports minister know when the police would file the chargesheet?
That in itself speaks about the level of investigation. He (Thakur) has no right or legally speaking, he has no business even to know what is happening, much less to predict the closure of the case on a particular date.
Among the three sections under which the chargesheet is filed only Section 354 is cognisable and non-bailable. Should that give some hope to the complainants?
No. He will not be arrested because unless there's punishment of seven years and more arrest need not happen (when someone is charged under Section 354); this is the Supreme Court guideline.
The case that had far-reaching consequences, like the POCSO, stands withdrawn. Other charges which could have ended in more than seven years (of imprisonment), they don't exist (are not part of the chargesheet).
(Imprisonment under) Section 354 is less than seven years. Therefore, it is a win-win situation for the accused.
What could have happened between the filing of sexual harassment charges and the cancellation of POCSO against Singh? Do you think the complainants were pressured to withdraw POCSO?
This is too sensitive a matter to conjecture, but it (withdrawal of the POCSO charge against Singh) is unnatural. It is highly unnatural. It does not happen. I seldom see a case like this.
Is Brij Bhushan Sharan Singh as good as a free man now?
No, certainly he's not a free man at all. The charges stand. He's been chargesheeted and I don't think he will ever contest any such office (elections for the WFI) now in his lifetime.
Should Brij Bhushan Saran Singh have been arrested as soon as the POCSO complaint was filed against him?
No. There's a provision of investigation and there are case laws that call for an expeditious investigation, knowing fully well, that it's a high-profile case. It should not have been relegated to the background.
Top-most priority should have been given to the investigation. Forget the top-most priority, there was not only initial reluctance (by the Delhi Police) to register the case, but after the Supreme Court intervened there was greater reluctance (shown by Delhi Police) even to conduct a transparent investigation.
While the chargesheet against Brij Bhushan Sharan Singh has been filed within the mandated 60-day window, how do you look at the criminal justice system when it comes to framing of charges and conduct of transparent investigation against the accused?
Filing the chargesheet within 50 days doesn't absolve the investigators of their pious duty and responsibility to conduct a transparent and a no-nonsense investigation, which I have my reservations about.
Should the BJP MP be a worried man given the three charges which are framed against him?
I have my doubts. If he has been able to overcome this major obstacle (withdrawal of POCSO after the complainant and victim withdrew the charge) I don't think he has anything to worry about now.
Cancellation of POCSO is akin to giving him a lifeline.
