The Delhi High Court today stayed a trial court order directing the Delhi Police to register an FIR against BJP leader Shahnawaz Hussain on a woman’s complaint alleging rape.
Justice A K Pathak issued notice and sought the response of the alleged victim and the police on Mr Hussain’s plea, challenging the trial court’s order passed yesterday.
The Delhi-based woman had, in January, moved the trial court, seeking registration of an FIR against Hussain on her allegation of rape.
The high court, which was initially not inclined to stay the trial court order, later said, “The operation of the trial court’s July 12 order to remain stayed till the next date of hearing i.e December 6.”
A magisterial 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 had dismissed his plea.
Mr Hussain moved the high court today, seeking a stay on or quashing of the sessions court’s order.
Senior advocate Sidharth Luthra, appearing for Mr 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 Mr Hussain’s brother and that the BJP leader got dragged into it.