Satya Prakash
New Delhi, August 22
The Supreme Court on Monday stayed all proceedings in connection with a rape case registered against former Union minister and senior BJP leader Syed Shahnawaz Hussain.
“We are prima facie of the view that the matter requires consideration. We will issue notice and stay all proceedings,” a Bench led by Justice UU Lalit said, posting his petition for further hearing next month.
The top court granted liberty to the complainant woman to approach the police which would be under an obligation to provide her protection, if required; and granted her liberty to file her objections.
The order came on a petition filed by Hussain challenging an order passed by the Delhi High Court last week for registration of an FIR forthwith against him on a woman’s 2018 complaint alleging rape.
Noting that there was complete reluctance on the part of the police to even register an FIR, the high court had said there was no perversity in the 2018 trial order for registration of the FIR and went on to vacate the stay on its operation.
“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 of the CrPC be submitted before the learned MM (metropolitan magistrate) within three months,” Justice Menon ordered last Wednesday.
Hussain had moved the Supreme Court on August 18 seeking a stay on the high court’s order, saying it would destroy his reputation earned over the last 30 years in public life.
A Delhi woman had moved the lower court seeking registration of an FIR against Hussain on her allegation of rape. A magisterial court had on July 7, 2018, ordered registration of an FIR against Hussain, saying a cognizable offence was made out in the complaint of the woman.
The magisterial court’s order was challenged by Hussain before a sessions court which dismissed his plea. On July 13, 2018, the high court stayed the trial court order which directed Delhi Police to register the FIR. The stay was vacated by the High Court on August 17.
