The Supreme Court on Monday stayed all proceedings against Bharatiya Janata Party leader Shahnawaz Hussain in connection with a 2018 case of alleged rape against him. The Supreme Court’s order came on a plea by the BJP leader challenging an order by the Delhi High Court that directed the registration of an FIR against him in the case. 

“We are prima facie of the view that the matter requires consideration. We will issue notice and stay all proceedings,” Justice Uday Umesh Lalit, who was leading a bench also comprising Justices S Ravindra Bhat and Sudhanshu Dhulia, said. 

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However, the top court did grant the complainant the liberty to approach the police which will be obliged to provide protection to the complainant, who was allegedly threatened and assaulted at the behest of the accused. 

In an order last week, the Delhi High Court came down heavily on the Delhi Police over its reluctance to register an FIR against the BJP leader and directed it to do so immediately and complete the investigation into the matter within three months.

In June 2018, a complaint was filed against BJP leader Syed Shahnawaz Hussain, alleging offences under Sections 376, 328, 120B and 506 of the Indian Penal Code. An application was alter filed under Section 156(3) of the CrPC, seeking directions to the Delhi police to register an FIR against him.

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On July 4, 2018, the Delhi Police filed an ATR before the Metropolitan Magistrate (MM) wherein it concluded that the allegations levelled by the complainant could not be substantiated in its probe. 

Appearing for Hussain, senior advocate Mukul Rohatgi submitted that the High Court proceeded on a presumption that the only method of investigation is post-registration of an FIR, which he argued is an incorrect application of the law.
“Like this, anyone can make allegations against high functionaries and tarnish their reputation,” Rohatgi said, according to Live Law, adding that the inquiry report did not find sufficient grounds for even entering into an investigation.