Rape complaint bogus & malicious, Shahnawaz Hussain tells SC

On Wednesday, BJP leader and former union minister Syed Shahnawaz Hussain contested in the Supreme Court the allegation of rape against him, calling the complaint "bogus" and "malicious".

New Delhi: BJP leader and former union minister Syed Shahnawaz Hussain Wednesday contested in the Supreme Court the allegation of rape against him, calling the complaint "bogus" and "malicious". Senior advocate Mukul Rohatgi, appearing for Hussain, told a bench headed by Chief Justice U U Lalit the complaint is a "gross case of abuse" against a public figure, and deprecated the Delhi High Court order for registration of an FIR against the BJP leader.

The bench, also comprising Justices Ajay Rastogi and S R Bhat, observed if there is a complaint and a probe is not permitted, then how will the matter proceed.

Rohatgi contended the law is not that the moment a complaint is filed, an FIR is bound to be registered. He argued the high court proceeded on the line that if somebody makes an allegation, an FIR must be registered, and referred to section 157 of the Code of Criminal Procedure (CrPC) which deals with the procedure for investigation. "This is completely bogus....it is malicious," he said of the complaint.

The court retorted: "If somebody is from a political background, it does not mean that others do not have the right to file a complaint and let the miatter investigated." The hearing will resume on November 18. Earlier, the top court had on September 19 deferred to September 23 the hearing of Hussain's appeal against the Delhi High Court order for registration of an FIR against him on the woman's complaint alleging rape.

The top court had on August 22 stayed the operation of the high court order. The high court had on August 17 dismissed Hussain's plea challenging a trial court order directing the Delhi Police to register an FIR against him, saying there was no perversity in the 2018 order. On September 23, the apex court had granted a week's time to the complainant woman to bring on record certain "material" documents in support of her accusation.

The top court, while issuing notices to the Delhi Police and the complainant woman on the plea of the BJP leader, had earlier observed that after hearing the submissions of Rohatgi, it was of the prima facie view that the matter required consideration. The court had then said pending further consideration, the effect and operation of the high court order shall remain stayed.

In 2018, a Delhi-based woman had approached a lower court seeking registration of an FIR against Hussain for alleged rape, which Hussain has denied. A magisterial court had on July 7, 2018 ordered registration of an FIR against Hussain, saying a cognisable offence was made out in the complaint. This was challenged by the BJP leader before a sessions court which had dismissed his plea.

In its order on Hussain's appeal, the high court had said, "There is no merit in the present petition. The petition is dismissed. The interim orders (for stay on action against Husssain) stand vacated. The FIR be registered forthwith. The investigations will be completed and a detailed report under Section 173 CrPC be submitted before the learned MM (metropolitan magistrate) within three months."

The high court had also noted that while reference was made in the police's status report to the recording of the statement of the prosecutrix on four occasions, there was no explanation as to why the FIR was not lodged.

"The FIR only puts the machinery into operation. It is a foundation for the investigation of the offence complained of. It is only after investigations that the police can come to the conclusion whether or not an offence had been committed and if so by whom. In the present case, there seems to be a complete reluctance on the part of the police to even register an FIR," the high court had said. (PTI)