SC dismisses BJP leader Shahnawaz Hussain’s plea against HC order for rape FIR

New Delhi, January 16

The Supreme Court on Monday dismissed senior BJP leader and former union minister Syed Shahnawaz Hussain’s petition seeking quashing of a rape FIR lodged against him in Delhi on a woman’s complaint.

“Let’s there be a fair investigation and, if there is nothing, it will exonerate you,” a Bench led by Justice S Ravindra Bhat told senior advocates Mukul Rohatgi and Siddharth Luthra, who represented Hussain.

The senior BJP leader had challenged the Delhi High Court’s August 17, 2022, order dismissing his challenging a trial court order directing the Delhi Police to register an FIR against him, saying there was no perversity in the 2018 order. The top court had on August 22, 2022, stayed the high court order.

“There are complaints after complaints which were investigated by the police and nothing was found. It cannot go on and on,” Rohatgi told the Bench. There was a “series of consistent attacks” against Hussain, he alleged.

However, the Bench said, “We find no reason to interfere.”

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 the Delhi Police to register the FIR. The stay was vacated by the HC on August 17, 2022.