Under Section 41 CrPC, the police have powers to make arrests if witness intimidation by the accused is apprehended. However, Delhi police have not arrested Brij Bhushan despite the minor complainant’s father claiming, in a conversation with a newspaper agency, to have received threats for withdrawal of charges.
Usually, accused under POCSO is immediately arrested. However, Delhi Police have now reportedly recommended for a cancellation of the complaint filed under POCSO to Patiala House Court due to lack of ‘corroborative evidence’.
The protesters have also claimed to have been assaulted by the police despite having assembled peacefully. They claimed that the police had mistreated them by manhandling them on site, detaining them and not informing them of where they were being taken.
Plus, there was a notable delay in filing the fir against the accused. The protesters had begun their protests on 23rd April while the police had agreed to file an FIR five days later on 28th April. In fact, the same was reportedly also filed only when the supreme court had directed Delhi Police to do so.
The Delhi Police was reportedly more prompt in filing an fir against the protesting wrestlers under s.143 ipc, s.186 ipc, s.188 ipc, s.332 ipc, s.353 ipc- charges pertaining to ‘rioting’ than in filing an fir against a man of immense political power such as Brij Bhushan Sharan Singh.
