‘Delhi Police reluctant’: High Court orders FIR against BJP leader Shahnawaz Hussain in rape case
A woman has alleged that the politician took her to a farmhouse, spiked her drink and raped her.
The Delhi High Court on Wednesday dismissed Bharatiya Janata Party leader Shahnawaz Hussain’s plea challenging the registration of a first information report against him for rape, PTI reported.
In its order, the High Court said that the police seemed reluctant in filing the FIR.
Hussain has moved the Supreme Court challenging the High Court’s order, Live Law reported on Thursday. The case will be heard next week.
In June 2018, the woman approached the magistrate court alleging that Hussain called her in April to a farmhouse and raped her after lacing her cold drink with a sedative, The Indian Express reported. The court directed the registration of an FIR against Hussain. The BJP leader had approached the High Court challenging the magistrate’s order.
Upholding the magistrate court order, the High Court’s Justice Asha Menon said that the woman’s complaint to the police commissioner in 2018 “clearly disclosed the commission of the cognisable offence of rape after administration of a stupefying substance”. The station house officer was obligated to file an FIR upon receiving the complaint, she added.
“The FIR only puts the machinery into operation,” Menon said. “It is a foundation for 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.”
Hussain, while opposing the magistrate court’s order, had said that the judge did not disclose reasons for approving the FIR that he claimed was based on a false complaint, The Indian Express reported. The police in its action-taken report had told the lower court that the woman’s allegations had no substance.
The High Court said that in any case, a first information report was mandatory, even if the police submit an action taken report.
“Even where such a report is submitted to the magistrate, the magistrate is not bound to accept that report and can still determine the question whether or not to take cognisance and proceed with the matter,” the judge said.
