‘Let there be fair probe’: SC junks Shahnawaz Hussain’s plea against rape FIR

Senior advocates Mukul Rohatgi and Siddharth Luthra, representing Hussain, submitted before a bench headed by Justice S. Ravindra Bhat that the complainant had filed several complaints against their client, and police had investigated but nothing has been found.

The bench, also comprising Justice Dipankar Datta, said: “Let’s there be a fair investigation and, if there is nothing, it will exonerate you.”

After hearing arguments, the top court noted that it does not find any reason to interfere in the matter.

In August last year, the apex court had stayed the Delhi High Court order directing registration of FIR against BJP leader in an alleged 2018 rape case.

In his plea in the apex court, Hussain contended that the high court failed to appreciate that he was illegally implicated in the case, as the woman, who was having a matrimonial dispute with his brother, had an ulterior motive.

“The petitioner is a Z plus security protectee and the allegations by the complainant were found to be totally baseless and untrue as she kept changing her statements and the location of the petitioner and that of her never matched as per CDRs and CCTV footages,” said the plea.

Hussain claimed that he filed a complaint with Delhi Police in 2017, stating that he was residing separately from his brother Shahbaz Khan, who was resident of Noida and a woman through her Facebook account was continuously defaming him.

A single bench of the high court had directed registration of an FIR, completion of the investigation within three months, and filing of a detailed report under Section 173 Code of Criminal Procedure.

The high court said: “In the present case, 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 learned Special Judge, conducted only what is a preliminary inquiry.”

In June 2018, a Delhi-based woman filed a complaint against Hussain, alleging commission of offences under Sections 376 (rape), 120-B (criminal conspiracy) and 506 (criminal intimidation) of the Indian Penal Code (IPC).

The woman alleged that BJP leader raped her and also threatened to kill her. She filed an application seeking directions to the Delhi Police for the registration of an FIR.