The Supreme Court on Monday put a stay on a Delhi High Court order directing the police to file a first information report against Bharatiya Janata Party leader Shahnawaz Hussain in a 2018 rape case, Bar and Bench reported.
A bench of Justices UU Lalit, S Ravindra Bhat and Sudhanshu Dhulia also stayed trial court proceedings in the case, stating that the matter required consideration.
In June 2018, the complainant had approached a magistrate court in Delhi alleging that Hussain took her to a farmhouse and raped her after lacing her cold drink with a sedative. In its action-taken report, the police had told the court that the woman’s allegations had no substance. However, the court ordered to register a first information report against Hussain.
The BJP leader then challenged the magistrate court order in the Delhi High Court. In his plea, Hussain submitted that the magistrate court had not not cited reasons for allowing the FIR, which he he claimed was based on a false complaint.
On August 17, Justice Asha Menon of the Delhi High Court upheld the lower court order. She observed that the woman’s complaint in 2018 “clearly disclosed the commission of the cognisable offence of rape after administration of a stupefying substance”.
The judge added that filing an FIR was mandatory, even if the police submits an action-taken report.
“Even where such a report is submitted to the magistrate, the magistrate is not bound to accept that report and can still determine the question whether or not to take cognisance and proceed with the matter,” the judge said.
Hussain then filed an appeal in the Supreme Court, stating that the High Court order will “irretrievably damage” his career and reputation, Bar and Bench reported. His plea also claimed that the complaint against him was “false, frivolous and mala fide” and made with an intention to seek revenge.
On Monday, the Supreme Court asked the Delhi government to respond to Hussain’s plea, PTI reported. The matter is posted for hearing in the third week of September.
Limited-time offer: Big stories, small price. Keep independent media alive. Become a Scroll member today!
Our journalism is for everyone. But you can get special privileges by buying an annual Scroll Membership. Sign up today!