In response to a woman’s complaint from 2018 alleging rape, the Delhi High Court has ordered that an FIR be immediately filed against senior BJP leader and former union minister Shahnawaz Hussain. Justice Asha Menon dismissed the interim orders of the court staying its operation and stated that the 2018 trial ruling requiring the registration of the FIR did not contain any perversity, despite the fact that the police were completely reluctant to even file a FIR.
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“In any case, the FIR is the one that puts the machinery into operation. It is a base for the probe of the complained offence. It is only after investigations that the police can conclude if and whether or not an offence had been committed and by whom. In this case, a complete reluctance is seen on the part of the police to even register an FIR,” stated the High Court.
On July 7, 2018, a magistrate court ordered the filing of an FIR against BJP leader Shahnawaz Hussain, ruling that the woman’s accusation established a cognizable offence. However, the BJP leader challenged this before a sessions court, which rejected his plea. The high court issued an interim order on July 13, 2018, staying the trial court’s directive for the Delhi Police to file the FIR.
After giving notice of Hussain’s request, the court requested a response from the woman and the police. Hussain challenged the trial court’s decision on the grounds that it required the filing of a FIR notwithstanding the police’s assertion that its investigation had found no evidence to support the complainant’s claims.
According to the prosecution, the FIR had to be filed because of the Supreme Court’s instructions in the Lalita Kumari case, and the order supporting its filing was valid. Meanwhile, the HC has ordered an FIR be immediately registered against Shahnawaz Hussain.
