In a relief to senior BJP leader Syed Shahanwaz Hussain, the Supreme Court on Monday stayed the Delhi High Court order in which the police was directed to immediately lodge an FIR in connection with a four year-old rape complaint against him.
A bench comprising justices UU Lalit and S Ravindra Bhat also stayed the proceedings before the trial court while issuing notice to the Delhi police and the complainant on Hussain’s plea assailing the high court order. The court sought their response within 3 weeks.
“Stay of the further proceedings and also the effect and operation of the high court order under challenge,” Justice Lalit said while dictating the order.
Senior Advocates Siddharth Luthra and Mukul Rohatgi appeared for the BJP leader.
In his submission, Rohatgi said high court order was an erroneous interpretation of the law. As per the oder, the probe can be conducted only after registration of FIR. The allegations are bogus, he added.
Appearing for the rape victim, Advocate Sanjib Kumar Singh informed the court that after the high court order, the complainant was assaulted mercilessly. “Now she is in trauma centre.” He sought an order for his client’s protection.
Accepting his submissions, the bench asked police to provide protection in case the complainant approaches the concern police station.
In June 2018, the complainant had filed an application before the Metropolitan Magistrate court seeking direction to police for registration of FIR against Hussain.
In an Action Taken Report (ATR) filed by police in July 2018, had stated that the allegations were not found to be substantiated.
Rejecting the report, the magistrate had ordered for registration of FIR against Hussain.
Challenging the magistrate order, the BJP leader had filed an appeal through a revision petition which was also rejected by a Special Judge.
Being aggrieved, Hussain had approached the Delhi High Court with a submission that despite ATR in his favour the MM had ordered for lodging of an FIR.
On August 17, the high court has dismissed his appeal and directed city police to register the FIR forthwith. It was further ordered to complete the investigation and file the report in three months.