SC stays proceedings before courts on FIR filed against BJP's Shahnawaz Hussain in 2018 rape case

New Delhi [India], August 22 : The Supreme Court on Monday stayed all the proceedings against Bharatiya Janata Party leader (BJP) leader Syed Shahnawaz Hussain in connection with an alleged 2018 rape case.
A bench of Justices UU Lalit, S Ravindra Bhat and Sudhanshu Dhulia put on hold the further proceedings before trial court in connection with the case and also Delhi High Court's order to register FIR against Hussain.
"We are prima facie of the view that the matter requires consideration. We will issue notice and stay all proceedings," said the bench.
The apex court also issued notice on BJP leader's plea challenging the High Court order.
Senior advocate Mukul Rohatgi appearing for Hussain told the apex court that High Court has proceeded on a presumption that only method of investigation is post-registration of an FIR, which he said is an incorrect application of law.
Rohatgi added, "Like this, anyone can make allegations against high functionaries and tarnish their reputation."
He pointed out that an inquiry report did not find sufficient grounds for even entering into an investigation.
Last week, the Delhi High Court had upheld the decision of the trial court in which it ordered to register the FIR against the BJP leader in relation to the alleged 2018 rape case.
The High Court had found no merit in the petition filed by Hussain challenging the trial court order and thus decided to dismiss it. "The FIR be registered forthwith. The investigations be completed and a detailed report under Section 173 CrPC be submitted before the MM within three months," it had said.
The High Court had also said that the police after registration of an FIR and conducting a complete investigation will have to submit a report under Section 173 CrPC in the prescribed format.
A woman in 2018 made allegations of rape and sought registration of an FIR against Hussain.
On July 7, 2018, the Metropolitan Magistrate of the Saket court had ordered the registration of a rape FIR against the person accused.
The trial court's decision was challenged by Hussain in the Sessions Court, but there too he did not get relief. After this he approached the High Court.
The High Court had on July 13, 2018, granted an interim stay on the order to file the FIR while examining the matter in detail.
Appearing for Shahnawaz, Senior Advocate Siddharth Luthra had before the High Court submitted that the investigation by the police completely falsified the case of the complainant that she and the petitioner were together at Chattarpur Farms where she had been drugged and raped by the petitioner.
It was submitted that the petitioner had not moved from his residence after 9.15 pm and, therefore, could not have been in Chattarpur at 10.30 pm as alleged by the prosecutrix.
Furthermore, the witnesses at the Roshan Tent House, where the prosecutrix claimed to have met the petitioner, have neither confirmed this fact nor did the CCTV footage support her claim.
Moreover, the witnesses at the farmhouse have also refuted her claim that she and the accused had been to the Farmhouse on April 12, 2018, as alleged by her, Hussain's lawyer had argued.
It was submitted that the CDRs of the prosecutrix also disclosed that she had
remained in Dwarka till 10.45 pm. Thus, her entire case has been falsified by the investigations and, therefore, the MM and the Special Judge had erred in directing the registration of the FIR and these orders were liable to be set aside and the FIR as well as the complaint case and all the proceedings arising therefrom ought to be quashed, the lawyer added.