Thursday, March 30, 2023

Plea by BJP’s Shahnawaz Hussain challenging direction to register FIR against him in rape case

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The Supreme Court has dismissed the SLP by BJP leader Shahnawaz’s Hussain challenging the order by the Delhi High Court order directing registration of a first information report (FIR) against him in connection with a rape complaint.

A division bench of Justice S Ravindra Bhat and Justice Dipankar Datta found that Hussain had not been held guilty and that all the remedies under law were available to him.

Hence, they dismissed the appeal.

The Delhi High Court order to register an FIR against the BJP lawmaker was stayed by the Supreme Court in August.

All pending proceedings before the trial court were also stayed by the bench while reasoning that the case called for consideration.

While hearing an appeal against an order that noted that police had a lot to explain for not having registered an FIR against Hussain on the receipt of a complaint sent to the Commissioner of Police that clearly disclosed the commission of a cognisable offence of rape after administration of a stupefying substance.

The High Court while hearing a challenge to the order of a Special Judge who upheld the orders of the Metropolitan Magistrate (MM) directing the registration of an FIR.

The police informed the MM that the allegations raised by the complainant were not substantiated. Despite this, following the decision of the Supreme Court, the MM passed an order directing the registration of FIR.

The special judge upheld the decision. after which Hussain moved the High Court, which had also refused relief.

In the instant appeal before the Supreme Court, Hussain during an instant apeal before the High Court stated that order of the High Court will lead to his unblemished career and reputation being irretrievably damaged.

It was argued that the charges against Hussain were “false, frivolous and mala fide” and made with the intention to wreck vengeance.

It was submitted that the complainant had earlier too defamed the BJP leader on social media platforms such as Facebook.

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