Complaint regarding violation of sexual assault survivor's rights by Delhi Police

To,
Ms. Swati Maliwal,
Hon'ble Chairperson,
Delhi Commission for Women
Complaint regarding violation of sexual assault survivor's rights by Delhi Police

Dear Ms. Maliwal.
This complaint is to bring to your urgent notice a shocking incident that occured on
Fri 09.06.2023 where Delhi Police, in the course of an investigation of a sexual
assault case, brazenly violated the rights of the complainant/survivor and used
tactics to intimidate her and to make her relive her trauma.
Details:
Indian woman wrestler Sangeeta Phagat had filed an FIR with Delhi Police against
the then chief of the Wrestling Federation of India (WFI) Brij Bhushan Sharan
accusing him of sexual assault. This was in addition to another FIR filed by a
wrestler, who is a minor, under the POCSO Act.
Despite multiple FIRs being registered against Srij Shushan Sharan for serious
allegations of sexual assault, the Delhi Police chose not to arrest and take the
accused into custody. This was despite appeals to the Delhi Police that the
accused is a powerful person and a sitting Member of Parliament who has the
potential for tampering with evidence or intimidating the complainants or witnesses.
On 09.06.2023, the Delhi Police indulged in a shocking act which not only violated
the rights of the complainant, who is a sexual assault survivor, and also put her
through immense trauma.
Claiming that it was "part of the investigation". the Delhi Police took the
complainant Sangeeta Phogat to the residence of the accused Brij Shushan Sharan
in order to "recreate the crime scene." Brij Shushan Sharan's residence is the place
where the alleged sexual assault happened according to the complainant/survivor.
A link to a news report regarding this Incident is attached below:
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It is unfathomable and shocking that the Delhi Police took the sexual assault
survivor and complainant to the house of the accused to "recreate the crime
scene." This is not a case of murder or homicide where a procedure like this is
required to be undertaken. By taking the complainant/survivor to the place of
sexual assault i.e. the house of the accused, the Delhi Police has clearly sought to
intimidate and create fear in the mind of the complainant/survivor. Moreover,
through this alleged "recreation of the crime scene"I the Delhi Police has made Ms.
Phogat relive the trauma of her sexual assault which is a violation of her basic
rights as a complainant/survivor.
Clearly, there ;s an institutionalized attempt being made by the Delhi Police to
intimidate the complainant/survivor and to create tear in her mind. This is
compounded by the fact that she was taken to the residence of the sexual assault
accused who has not yet been arrested. This latest attempt to intimidate the
complainant/survivor under the pretext of "recreating the crime scnene" is nothing
but a clear attempt to protect the accused and to create fear and trauma in the
mind of the complainant/survivor.
As the incident occured within Delhi, this specific instance detailed above falls
under the jurisdiction exercised by the Delhi Commission for Women.
Through this formal complaint letter, you're requested to kindly take immediate
cognizance of the aforementioned incident, register a complaint, and initiate an
investigation against the officials of Delhi Police who were involved.
Thank you very much for your consideration with the humble request that this
complaint be expedited and investigated at the earliest.
Regards,
~ Sakel SGokhale
~ National Spokesperson
All India Trinamool Congress
61 South Avenue, New Delhi, India
Phone: +91· IEmail: saket@aitc,Qrg.in