The Supreme Court on Thursday, 18 August, refused to stay the operation of the Delhi High Court order which paved the way for the registration of an FIR against BJP leader Shahnawaz Hussain on a woman's complaint alleging rape.
The top court, however, agreed to list next week the appeal of Hussain against the High Court verdict in the case.
The High Court, on 17 August, 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.
“Now if the FIR is registered then my SLP becomes infructuous,” said the counsel of the BJP leader to the bench headed by Chief Justice NV Ramana.
“I have an unblemished public life of 30 years and that will be tarnished, My Lords,” lawyer Mohit Paul said and sought an interim stay on the operation of the High Court's verdict besides seeking early listing of the petition for hearing.
“Will list the petition next week,” the bench, which also comprised justices Hima Kohli and CT Ravikumar, said.
It however refused to grant an interim stay on the operation of the verdict.
'No Merit in the Present Petition': High Court
The HC in its order on Wednesday said, “There is no merit in the present petition. The petition is dismissed. The interim orders stand vacated. The FIR be registered forthwith. The investigations will be completed and a detailed report under Section 173 CrPC be submitted before the learned MM (metropolitan magistrate) within three months.”
The High Court also 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 High Court said,
“The FIR only puts the machinery into operation. It is a foundation for the 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.”
In 2018, a Delhi-based woman moved to the lower court seeking the registration of an FIR against Hussain on her allegation of rape.
A magisterial court had on 7 July, 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 dismissed his plea.
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