BJP leader Shahnawaz Hussain moves SC over Delhi HC order to file FIR against him in rape case

India

oi-Madhuri Adnal

New
Delhi,
Aug
18:
Soon
after
the
Delhi
High
Court
ordered
the
police
to
file
an
FIR
against
Shahnawaz
Hussain
in
a
2018
rape
case,
the
BJP
leader
moved
Supreme
Court,
challenging
the
high
court’s
order.
The
matter
has
been
listed
for
urgent
hearing.

A
senior
lawyer
said
if
an
FIR
is
registered,
the
petition
will
become
infructuous,
adding
that
he
had
a
30-year-long
career
in
politics
and
this
would
destroy
his
reputation.

The
Chief
Justice
of
India
(CJI)
has
said
the
apex
court
will
hear
the
matter
next
week.

Earlier,
the
Delhi
High
court
has
dismissed
a
petition
by
BJP
leader
challenging
a
trial
court
order
directing
the
city
police
to
register
an
FIR
against
him
on
a
woman’s
complaint
alleging
rape.

Delhi
HC
orders
FIR
against
BJP
leader
Shahnawaz
Hussain
in
rape
case

Justice
Asha
Menon
said
there
was
no
perversity
in
the
2018
trial
order
directing
the
registration
of
the
FIR
and
vacated
the
interim
orders
of
the
court
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
Cr.P.C.
be
submitted
before
the
learned
MM
(metropolitan
magistrate)
within
three
months,
said
the
court
in
its
order
on
Wednesday.

In
its
order,
the
high
court
said
that
while
reference
is
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
the
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
moved
the
lower
court
seeking
registration
of
an
FIR
against
Hussain
on
her
allegation
of
rape.
A
magisterial
court
had
on
July
7,
2018,
ordered
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
dismissed
his
plea.

On
July
13,
2018,
the
high
court
had
passed
an
interim
order
staying
the
trial
court
order
which
directed
the
Delhi
Police
to
register
the
FIR.

Watch:
BJP
leader
Shahnawaz
Hussain’s
witty
retort
on
Bihar’s
change
of
guard
goes
viral

It
had
then
issued
notice
on
the
politician’s
plea
and
sought
the
response
of
the
woman
and
the
police.

Hussain
challenged
the
trial
court
order
on
grounds
that
in
spite
of
the
police
stand
that
its
inquiry
revealed
that
the
allegations
raised
by
the
complainant
were
not
found
to
be
substantiated,
the
lower
court
directed
the
registration
of
an
FIR.

The
prosecution
said
that
in
the
light
of
the
directions
issued
by
the
Supreme
Court
in
Lalita
Kumari
case,
the
FIR
had
to
be
registered
and
there
was
no
infirmity
in
the
order
favouring
its
registration.

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Syed Shahnawaz Hussain

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