The Supreme Court on Monday stayed the operation of a Delhi High Court order relating to registration of an FIR against BJP leader Shahnawaz Hussain on a woman's complaint alleging rape.
A bench headed by Justice U U Lalit issued notice and sought responses, including from the Delhi government, on Hussain's plea and posted it for hearing in the third week of September.
The high court on August 17 had dismissed Hussain's plea challenging a trial court order directing the Delhi Police to register an FIR against him, saying there was no perversity in the 2018 order, and vacated its earlier interim order staying the 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.
Hussain had later 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.
According to Hussain, his 30 years’ unblemished reputation would be tarnished if the FIR is registered.
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.
In 2018, a Delhi-based woman had approached a lower court seeking registration of an FIR against Hussain on her allegation of rape.
A magisterial court had on July 7, 2018, ordered the registration of an FIR against Hussain, saying a cognizable offence was made out in the complaint of the woman.
This was challenged by the BJP leader before a sessions court which had dismissed his plea.
