BREAKING| Supreme Court Stays Delhi HC Order To Register FIR Against BJP's Shahnawaz Hussain In 2018 Rape Case

Senior Advocate Mukul Rohatgi appearing for Hussain submitted that High Court has proceeded on a presumption that only method of investigation is post-registration of FIR, which he argued is an incorrect application of law.

"Like this, anyone can make allegations against high functionaries and tarnish their reputation," Rohatgi said, adding that the inquiry report did not find sufficient grounds for even entering into an investigation.

He submitted that the entire lump of allegations was against Hussain's brother. The complainant had alleged that he raped her under false pretext of marriage in 2013. The complaint was however lodged 4 years later, in 2018. The allegation against Hussain is that he called the complainant to his farmhouse to sort things with his brother. However, he administered a drink to victim which made her unconscious and thereafter, Hussain took advantage of her. "Complaint doesn't say sexual assault," Rohatgi said.

Background

A complaint was filed against BJP Leader, Syed Shahnawaz Hussain in June 2018, alleging commission of offences under Sections 376, 328, 120B and 506 IPC. The complainant later filed an application under Section 156(3) CrPC, seeking directions to the city Police for the registration of FIR. An action taken report (ATR) was filed by the city Police on 4th July, 2018 before the Metropolitan Magistrate (MM). It was concluded that as per the inquiry, the allegations raised by the complainant were not found to be substantiated.

Here, Hussain had submitted that despite the receipt of ATR, the MM directed registration of an FIR. This order was upheld by the Special Judge which observed that the Criminal Amendment Act of 2013 had made it mandatory for the Police to record the statement of the victim in rape cases. Moreover, with regard to the registration of the FIR, it was concluded that the inquiry which had been made was only a preliminary inquiry and the MM had rightly not treated the ATR as a cancellation report.

An appeal was filed against the order of the Special Judge dismissing his revision petition against the orders of the MM and directing registration of FIR.

Delhi HC's Decision

The Delhi High Court observed that the complaint sent to the Commissioner of Police clearly disclosed the commission of the cognizable offence of rape after administration of a "stupefying substance". It also said that when the complaint was forwarded to the SHO, he was obligated under law to register the FIR. The court had directed that the police, on completing investigation, will have to submit a report under Section 173 CrPC in the prescribed format. While noting the "complete reluctance" on the part of city police to register the FIR, Justice Asha Menon had directed the investigation in the matter to be completed and a detailed report under Section 173 CrPC to be submitted before the MM within a period of three months.

Hussain has moved to the Supreme Court against this Delhi High Court, stating that the registration of an FIR against him would ruin his reputation.

Click Here To Read/Download Order