The Supreme Court on Monday stayed a Delhi High Court order to register a First Information Report (FIR) against BJP lawmaker Syed Shahnawaz Hussain n a rape complaint [Syed Shahnawaz Hussain v The State]..A Bench of Justices UU Lalit, S Ravindra Bhat and Sudhanshu Dhulia also stayed all pending proceedings before trial court while reasoning that the case called for consideration. "Stay of the further proceedings and also the effect and operation of the High Court order under challenge", the top court ordered. .The protection was granted by the Court while hearing an appeal against an order passed by single-judge Justice Asha Menon of the Delhi High Court who had said that the police had a lot to explain for not having registered an FIR against Hussain on the receipt of a complaint sent to the Commissioner of Police which clearly disclosed the commission of a cognizable offence of rape after administration of a stupefying substance.The single-judge had made these observations while hearing a challenge to the order of a Special Judge who had upheld the orders of the Metropolitan Magistrate (MM) directing the registration of an FIR.The police had informed the MM that as per the inquiry, the allegations raised by the complainant were not substantiated. Despite this, following the decision of the Supreme Court in Lalita Kumari v Government of Uttar Pradesh, the MM passed an order directing registration of FIR.The special judge subsequently upheld this decision.Hussain then moved the High Court which also refused relief leading to the appeal before the top court..In the appeal before the Supreme Court, Hussain stated that order of the High Court will lead to his unblemished career and reputation being "irretrievably damaged."It was further argued that the complaint against Hussain was "false, frivolous and mala fide" and made with the intention to wreck vengeance.It was submitted that the complainant had earlier too defamed the BJP leader on social media platforms such as Facebook..Senior Advocates Siddharth Luthra and Mukul Rohatgi appear for the BJP leader.The plea by Hussain was filed through Advocate Mohit Paul. .[Read our live coverage of the hearing below].[Read order]
The Supreme Court on Monday stayed a Delhi High Court order to register a First Information Report (FIR) against BJP lawmaker Syed Shahnawaz Hussain n a rape complaint [Syed Shahnawaz Hussain v The State]..A Bench of Justices UU Lalit, S Ravindra Bhat and Sudhanshu Dhulia also stayed all pending proceedings before trial court while reasoning that the case called for consideration. "Stay of the further proceedings and also the effect and operation of the High Court order under challenge", the top court ordered. .The protection was granted by the Court while hearing an appeal against an order passed by single-judge Justice Asha Menon of the Delhi High Court who had said that the police had a lot to explain for not having registered an FIR against Hussain on the receipt of a complaint sent to the Commissioner of Police which clearly disclosed the commission of a cognizable offence of rape after administration of a stupefying substance.The single-judge had made these observations while hearing a challenge to the order of a Special Judge who had upheld the orders of the Metropolitan Magistrate (MM) directing the registration of an FIR.The police had informed the MM that as per the inquiry, the allegations raised by the complainant were not substantiated. Despite this, following the decision of the Supreme Court in Lalita Kumari v Government of Uttar Pradesh, the MM passed an order directing registration of FIR.The special judge subsequently upheld this decision.Hussain then moved the High Court which also refused relief leading to the appeal before the top court..In the appeal before the Supreme Court, Hussain stated that order of the High Court will lead to his unblemished career and reputation being "irretrievably damaged."It was further argued that the complaint against Hussain was "false, frivolous and mala fide" and made with the intention to wreck vengeance.It was submitted that the complainant had earlier too defamed the BJP leader on social media platforms such as Facebook..Senior Advocates Siddharth Luthra and Mukul Rohatgi appear for the BJP leader.The plea by Hussain was filed through Advocate Mohit Paul. .[Read our live coverage of the hearing below].[Read order]