HC stays trial court or­der against BJP’s Shah­nawaz

The Times of India (New Delhi edition) - - TIMES CITY -

New Delhi: The Delhi high court on Fri­day stayed a trial court or­der di­rect­ing regis­tra­tion of an FIR against BJP leader Shah­nawaz Hus­sain on a woman’s com­plaint al­leg­ing rape.

Jus­tice A K Pathak is­sued a no­tice and sought the re­sponse of the com­plainant and the po­lice on a plea filed by the BJP spokesper­son who had chal­lenged the de­ci­sion of the trial court to di­rect lodg­ing of a crim­i­nal case against him in the mat­ter ear­lier.

The high court, which was ini­tially not in­clined to stay the trial court or­der, later agreed to grant the re­lief af­ter hear­ing ar­gu­ments on be­half of Hus­sain’s coun­sel.

“The op­er­a­tion of the trial court’s July12 or­der to re­main stayed till the next date of hear­ing i.e. De­cem­ber 6.” Jus­tice Pathak di­rected and sought a re­sponse from the po­lice. In her com­plaint, the Delhi-based woman al­leged she was raped by Hus­sain and has also lev­elled other al­le­ga­tions. When the po­lice re­fused to regis­ter the case, she had moved the trial court.

A mag­is­trate court had, on July 7, or­dered regis­tra­tion of an FIR against Hus­sain, say­ing a cog­niz­able of­fence was made out in the com­plaint of the woman. This was chal­lenged by the BJP leader be­fore a ses­sions court, which — af­ter grant­ing a brief stay — fi­nally dis­missed his plea.

Con­se­quently, Hus­sain moved HC seek­ing a stay on crim­i­nal pro­ceed­ings and quash­ing of the ses­sions court’s or­der.

Se­nior ad­vo­cate Sid­harth Luthra, ap­pear­ing for Hus­sain, ar­gued that the or­der for lodg­ing an FIR against the BJP leader had to be quashed as it was a case of com­plete ab­sur­dity. He also con­tended that there was a dispute be­tween the woman and Hus­sain’s brother and that the BJP leader got dragged into it, adding that Hus­sain had also filed a com­plaint with Delhi Po­lice ear­lier that he was re­ceiv­ing abu­sive con­tent from the woman on so­cial me­dia.

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