Wrestlers' Protest: What's next for Brij Bhushan Sharan Singh and wrestlers after Supreme Court closed hearing

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Wrestlers' Protest at Jantar Mantar against WFI chief Brij Bhushan Sharan Singh on Friday entered the 13th day with leading wrestlers Bajrang Punia, Vinesh Phogat and Sakshi Malik remaining adamant on continuing the sit-in until the arrest of the federation top brass over sexual harassment allegation.

Supreme Court played its role in the matter -- following a petition by the wrestlers -- as Delhi Police, after initial dilly-dallying, eventually lodged two FIRs against Brij Bhushan Sharan Singh, including sexual offence under the Protection of Children from Sexual Offences Act, 2012 (POCSO).

Supreme Court also closed the hearing on the matter and urged the wrestlers to approach the lower courts for any further petition while rejecting the request for a Court-monitored investigation against the WFI chief.

However, the SC ruling doesn't mean that the seven female wrestlers, who accused Brij Bhushan Sharan Singh of sexual harassment, can't appeal any further for the judiciary system's assistance in the probe.

MyKhel spoke to Supreme Court advocate Kushal Kumar, who explained why wrestlers were asked to approach the lower courts if they want a Court-monitored investigation while also deciphering if Brij Bhushan Sharan Singh will be taken into police custody soon for grave charges under POCSO.

"Following the Supreme Court hearing, the legal recourse now for the wrestlers is to file an application under 156 (3) at the Magistrate Court for court-monitored investigation if that remains their concern," said the Supreme Court lawyer.

"In view of the Sakiri Vasu judgement in 2007, if the appellants feel that the investigation by the authorities is not being done properly, then they can appeal to the concerned Magistrate for a monitoring of the investigation.

"It powers the Court to direct the investigative authorities to provide regular status reports and check if the investigation is being done properly. The Court can't impact the investigation in any other manner."

As far as the arrest of Brij Bhushan Sharan Singh under the POCSO act (a non-bailable offence) is concerned, the expert explained that the police may arrest the accused if he is non-compliant in the probe but there's a requirement for concrete evidence for any arrest.

"Delhi Police is bound to arrest the accused since there's section 10 of the POCSO act has been filed in the case. However, the punishment in such cases is for less than seven years, which brings into effect the Arnesh Kumar judgement.

"This requires a notice of section 41 (A), which states that arrest is not necessary if the accused is compliant in the investigation," explained Kumar, who has handled several highlighted criminal cases, including cases under the POCSO act.