Delhi High Court has ordered that an FIR be registered forthwith against BJP leader Shahnawaz Hussain on a woman’s complaint in 2018 alleging rape.
Justice Asha Menon said there was no perversity in the 2018 trial order directing the registration of the FIR and vacated the interim orders staying its operation.
“There is no merit in the present petition. The petition is dismissed. The interim orders stand vacated. The FIR be registered forthwith. The investigations be completed and a detailed report under Section 173 CrPC be submitted before the learned MM (metropolitan magistrate) within three months,” said the court in its order on Wednesday.
Hussain soon approached the Supreme Court for quashing the high court order. A bench of Chief Justice N.V. Ramana and Justices Hima Kohli and C.T. Ravi Kumar agreed to list the matter for hearing next week.
According to Hussain, his 30 years’ unblemished reputation would be tarnished if the FIR is registered.
A Delhi-based woman had moved a lower court seeking registration of an FIR against Hussain on her allegation of rape.
The high court said that while reference was made in the police status report to the recording of the statement of the prosecutrix on four occasions, there was no explanation as to why an FIR was not lodged.
“The FIR only puts the machinery into operation. It is a foundation for investigation of the offence complained of. It is only after investigations that the police can come to the conclusion whether or not an offence had been committed, and if so, by whom. In the present case, there seems to be a complete reluctance on the part of the police to even register an FIR,” said the court.
A magisterial court had on July 7, 2018, ordered registration of an FIR against Hussain, saying a cognisable offence was made out in the complaint of the woman.
This was challenged by the BJP leader before a sessions court, which dismissed his plea.
On July 13, 2018, the high court had passed an interim order staying the trial court order, which directed Delhi police to register the FIR. It had then issued notice on the politician’s plea and sought the response of the woman and the police.
