Brij Bhushan Sharan Singh (File Photo)
Former President of Wrestling Federation of India, Member of Parliament Brijbhushan Sharan Singh Arrest is not mandatory by law in the two cases filed by the Delhi Police against the wrestler’s daughters. There are clear instructions from the Supreme Court that arrest of the accused is not necessary in the case of punishment of seven years or less, as long as he is fully supporting in the investigation.
In the case written by the Delhi Police, the POCSO Act has been invoked in the case of a minor wrestler, but the section 10 under which the FIR has been written, has a provision of maximum punishment of seven years. Based on the second Tahrir, the police have registered a case under sections 354, 354A, 354D and 34 of the IPC. Not a single section of these is such that there is a provision of punishment for more than seven years by law.
Brij Bhushan Sharan Singh is among the public
From the time the FIR was written till now, the accused MP is in public. He has not disappeared for a single day, but is shouting in front of the camera that if the allegation is proved, he will be hanged. This matter becomes more important when the FIR has been registered on the intervention of the Supreme Court. The police are also afraid that they may face problems for any kind of disturbance.
Supreme Court advocate Vineet Jindal says that according to the sections put up by the police in both the FIRs, arrest is not necessary in them as long as the accused is cooperating in the investigation. There is no such section in both these FIRs, in which punishment of more than seven years has been fixed. In such a situation, the demand for arrest does not stand anywhere in the eyes of the law.
Why is there no need to arrest?
Advocate Jindal said that even if the accused is cooperating in the investigation, there is no need to arrest him. This is the rule in normal condition. Yes, if the police feel that arrest is necessary in a particular case, then they can do so.
Let us know that in which section in this case, there is a provision of punishment-
Section 10 of the POCSO Act is punishable with a minimum punishment of five and a maximum of seven years.
– Section 4 of the POCSO Act shall be punishable with imprisonment for a term which shall not be less than 10 years or for life and shall also be liable to fine.
Section 5 of the POCSO Act is punishable with imprisonment of at least 20 years to life imprisonment.
-In section 354A of IPC, one year’s sentence and fine can be imposed.
Section 354D of IPC is punishable with imprisonment of up to five years and fine.
After the FIR and sections came to the fore, two things are clearly visible. One of the accused, former president of Wrestling Federation of India, MP Brij Bhushan Sharan Singh knows the importance of these sections. That’s why they are roaming freely. Participating in political and social programs. Police is doing its work. Will keep presenting reports to the court from time to time. Two-victim wrestler daughters behaved honestly in Tahrir. Otherwise, more serious allegations could have been made.
No knowledge of legal aspects
Now these daughters are agitating for the demand of arrest, but they are probably not even aware of its legal aspects. The country is with them but the law does not seem to support their immediate demand.
Also read: Why did Brij Bhushan Sharan Singh back down as soon as Delhi called?