Delhi High Court orders FIR against BJP leader Shahnawaz Hussain in rape case, he moves Supreme Court    

On Wednesday, the Delhi High Court ordered that a first information report (FIR) be filed “forthwith” against BJP leader Shahnawaz Hussain in connection with an alleged rape that occurred in south Delhi’s Chhatarpur in April 2018. It also stated that the city police were hesitant to open an investigation.

Justice Asha Menon stated that the police had much to answer for not having filed the FIR upon receiving the complaint from the police commissioner in June 2018. She ordered the police to finish the inquiry within three months and submit a report to the trial court.

“….there seems to be a complete reluctance on the part of the police to even register an FIR. In the absence of the FIR, at best, the police could have, as correctly observed by the special judge (trial court), conducted only what is a preliminary inquiry. The very fact that it was only a reply that was filed by the police before the metropolitan magistrate, sufficiently establishes that it was not a final report that was submitted by the police,” the court ruled in rejecting the former Union minister’s appeal.

On April 12, 2018, a lady from Delhi claimed that Hussain had drugged and raped her at his farmhouse in Chhatarpur. The former minister disputed the charges, claiming that the woman had a conflict with his brother and had unnecessarily brought him into the matter.

The prosecution claims that the woman first went to the police on June 16, 2018. She went to a municipal court in July, though, claiming that the police had not responded to her accusations. Based on the woman’s plea, the metropolitan magistrate ordered the registration of a FIR and requested the police’s answer. In a report submitted to the court on July 4, the police stated that the charges made by the complainant were unfounded.

Hussain had submitted a revision appeal to contest the local court’s ruling, but it was denied on July 12.

Hussain appealed the high court’s decision to reject his revision request on July 13, 2018.

The trial court’s order to register the FIR had been delayed by the high court.