Supreme Court should have monitored probe into wrestlers' sexual harassment, pulled up Delhi Police: Justice Madan Lokur

Retired Supreme Court judge Justice Madan B Lokur on Tuesday criticised the Supreme Court's handling of the plea by female wrestlers who had moved the top court alleging sexual harassment by Wrestling Federation of India (WFI) president and BJP MP Brij Bhushan Sharan Singh..The wrestlers in their plea before the top court had highlighted that the Delhi Police was not registering a first information report (FIR) on their complaint of sexual harassment by Singh. The Supreme Court had last month closed the case before it after noting that the Delhi Police had eventually lodged an FIR and had provided security to wrestlers who had alleged threat to their safety. Senior Advocate Narender Hooda, appearing for the wrestlers, had requested the apex court that the probe be monitored by a retired judge as the Delhi Police was likely to 'drag its feet'.A bench led by Chief Justice of India DY Chandrachud had, however, declined the said request.Justice Lokur opined that the apex court should not have let the Delhi Police get away with the delay in lodging of the FIR. It should also have monitored the probe to ensure that it does not get derailed, the former judge said."I think the Supreme Court should have first of all asked them why did you not register an FIR much earlier? [They should have asked] what is the point of telling us today after the matter is before us? Anyways, the Supreme Court did not do that. The Supreme Court accepted the fact that they [survivor-wrestlers] are under threat. It should not have said that if there is anything further, then you (wrestlers) should go to the magistrate or the High Court. The Supreme Court should have said that we would like to monitor the probe so that things do not go wrong," he stated.Justice Lokur said that the top court has monitored investigations before too.The same is done not to ensure that the person against whom allegations are made is convicted but to make sure that the investigation is done properly, he said."I think the Supreme Court, in my view, did not fully appreciate the position, and decided not to monitor the probe; I think they should have," he underlined..Justice Lokur was speaking at a webinar organised by ANHAD, and the National Alliance of People's Movement, on the issue: 'The Wrestlers’ Struggle: Accountability of Institutions'.Advocates Vrinda Grover and Shahrukh Alam also spoke during the webinar..Wrestlers including Sakshi Malik and Vinesh Phogat have been on a sit-in protest at Jantar Mantar in Delhi seeking action against Singh..In a detailed address outlining the genesis of the case, Justice Lokur underscored how the protests were warranted given that the police had not acted on the allegations for a month.He also said that the allegations were serious and there were instances of tampering with evidence and witnesses."The whole thing indicates that the Delhi Police was going slow for reasons that are fairly obvious. It is quite obvious that the police is mixed up, they do not want the allegations and investigation to proceed. One month gone by (and) what has happened.It is not something that requires massive investigation and all. Later, the police said 100 witnesses. What is there to talk to 100 witnesses? Not that there was a crowd to witness sexual assault, especially of a minor, that you will have eye witnesses. Now they are like we want video evidence, when harassment can happen behind closed doors. Why have an investigation (if doing all this)?"He flagged the fact that the complainants were made accused of rioting. "So someone who came to Jantar Mantar as victims of crime are now told that they are the criminals who have broken laws like Section 144. Look at turn of events and somersault. Then they are told you cannot even come to Jantar Mantar. Where are they supposed to go, what are they supposed to do? Are they going to go to the police?".The former judge took exception to the fact that Union Sports Minister Anurag Thakur seemed to be apprised of the probe, after he had assured the protesting wrestlers that the investigation would be over by June 15."How did he [Thakur] come to know? Only person who can answer that or make that statement is the investigating officer and no one else. At best he can tell his superior or the Commissioner of Police, nobody else can do that. So, therefore, there is something going on behind the scenes. This is serious because the Supreme Court has said in any number of judgments that nobody can interfere in probes, not even the Supreme Court. What business does anybody else have? This needs investigation, [as to] what has been going on behind the scenes. Of course, no one will [probe this], but it is disconcerting."He wondered why the minor-complainant needed to be interrogated for 5 hours and made to recreate the incident at the alleged scene of the crime."She has given a statement in writing and forms the FIR. What kind of probe do you want? This is an aspect of victimisation that she is asked to prove what she has said. The Supreme Court and all courts have come down heavily on this, when women are called to witness boxes to answer all kinds of questions. it is nothing short of revictimisation. Her bodily integrity has been violated."Pertinently, Justice Lokur stated that the Delhi Police's probe seemed to be directed at showing the accused as innocent and that all the allegations were false."So we are now looking at strange situation where it appears that what is going to happen is a foregone conclusion. Can imagine the extent of harassment. All these things have to be put together (and) not in isolation," he said.