HC stays trial court order against BJP’s Shahnawaz
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.