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SC lifts stay on FIR lodged against BJP leader on rape charges




New Delhi: The Supreme Court on Monday dismissed BJP leader Shahnawaz Hussain’s plea challenging the High Court order to register an FIR on a complaint filed by a woman who had alleged rape. A bench of Justices S Ravindra Bhat and Dipankar Datta, appearing for former Union minister Shahnawaz Hussain, said, “First let there be a fair investigation in this matter, if nothing, you will be exonerated.”

Senior advocates Mukul Rohatgi and Siddharth Luthra, appearing for BJP leader Shahnawaz Hussain, told the bench that the complaint has been lodged against the leader on the complaint of the complainant woman. Rohatgi, in his plea, said the complaint lodged on the complaint was investigated by the police but nothing was found. This cannot continue unabated. Rohatgi said it was a “series of relentless attacks” against Hussain.

However, the Supreme Court bench said that we find no reason to interfere. The high court had on August 17 last year dismissed Hussain’s plea challenging the trial court’s order, saying there was nothing wrong with the 2018 order. The trial court had ordered the Delhi Police to register an FIR against him.

In fact, the apex court had stayed the implementation of the High Court order on August 22, 2022. During an earlier hearing before the Supreme Court, Hussain’s counsel had argued that the complaint was “fake” and “malicious”. In 2018, a Delhi-based woman had approached a court here seeking registration of an FIR against Hussain for alleged rape. However, the Bharatiya Janata Party (BJP) leader has denied these allegations.

The magistrate court had on July 7, 2018, ordered registration of an FIR against Hussain. The court had said that the complaint had made a case of cognizable offence against Hussain. The order was challenged by the BJP leader in a sessions court, but his plea was rejected.

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On Hussain’s appeal in this case, the High Court had said in its order, “There is no merit in the present petition. The petition is dismissed. The interim order staying action against Hussain is withdrawn. An FIR should be lodged immediately.”

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