settled out-of-court Luke Pomersbach walks away

The Press had cried indignity – widely reported in media of the indecent incident of drunken brawl and sexual assault in a hotel room to a American lady, how the hotel was not supportive and more………. Today there is the report  of   Delhi High Court quashing  FIR in the molestation case. 

Zohal Hamid, the US national hit the headlines straight when she accused cricketer Luke Pomersbach of molestation and assault on her fiancé Sahil Peerzad – that  the cricketer made an unprovoked attack and despite constant pleas received no assistance from the hotel staff. Accusations flowed unabated with Sidharth Mallyya twittering and then the news of some players threatening her to withdrawing the case – Appanna, the left arm spinner of RCB was also caught in the web of accusation. 

Sahil Peerzad allegedly  was punched multiple times, fell unconscious on the floor with blood streaming out of his ears, and was hospitalized.  The aggrieved woman made multiple calls to the hotel management seeking assistance but none arrived despite promises that police officials were on their way. She finally called the police on her own.  The Press cied indignity – widely reported in media of the indecent incident of drunken brawl and sexual assault in a hotel room to a American lady, how the hotel was not supportive and more………. IPL Version 5 was peaking – it was all action with so many tight last ball finishes – there  was the scandal of ‘match fixing’ and suspension of 5 little known players, then the cine actor Shahrukh Khan’s drunken brawl and later sexual assault charges on a Cricketer.

Australian cricketer Luke Pomersbach was arrested on charges of molesting the American woman in a hotel  on the night of 17.5.12.  there were reports of his past- bad performances.  He  was  granted interim bail for a day by a Delhi court.  The Aussie came with arms draped heavily reporting a fractured arm, feigned in the Court and to peak it all, his  lawyer said the cricketer had been invited up to the couple's room to continue celebrating after the match and that the altercation was a "problem of language". 

The charges were serious and would have had a life-time imprisonment awarded when proved guilty.  The guilty should be punished is common maxim……………….. but  today

Justice M L Mehta quashed the FIR and the criminal proceedings arising out of it after recording statements of American citizen Zohal Hamid, her friend Sahil Peerzada and accused Pomersbach.

"Since they have resolved the dispute and want to go back to their respective countries, I quash the FIR," Justice Mehta said after Hamid and Pomersbach jointly told the court that they would like to leave India tonight. Hamid had asked the court not to pursue the matter any further.

The court rejected the Delhi government's argument that the FIR should not be quashed keeping in view the gravity and seriousness of the offence.  The state's standing counsel Pawan Sharma argued that any criminal case against a woman should not be allowed to be settled outside the court.  The Court, is reported as stating  since they have resolved the issue and would like to leave India, "let them go with a happy ending".

Can the victim pardon the Accused ? and will that not tantamount to "misuse of our system".   Is it not the crime and not the complaint or willingness of the victim that should decide the punishment ? More Qs which remain unanswered….       The actors involved Luke Pomershacb, Zohal Hamid and Peerzada have made joint plea terming the incident leading to registration of the FIR as "unfortunate" and saying that they have amicably settled their dispute and "wish to end it."  "All the petitioners are of young age and have a long life ahead of them. They don't wish to blemish each other and wish to end this unfortunate episode of their lives," the joint petition reported to have said. 

They had  reached an amicable settlement without any pressure or financial consideration, the petition reportedly claims – so no indignity lost, no drunken brawn and perhaps no fracture to Pomersbach nor injuries to Peerzada………  only those who read and followed had their faces blackened and noses bleeding….

So foreigners can come, party, get involved in drunken brawls, when they complaint, the media will rush, Police will provide security, top cops will have to be present as the case is high profile but the actors involved will decide on how to proceed, Court will accept and it will be back to their routine work for all others involved !!   Why not the Court at least fine them for wasting the precious time and money of the Judiciary and the Law Enforcement agencies – and the trio should be sent out of the Nation immediately……. 

With regards – S. Sampathkumar.