From Our Bureau
NEW DELHI: The Supreme Court on Monday stayed all proceedings in the alleged 2018 rape case, including the FIR ordered by Delhi High Court last Wednesday, against former union minister and senior BJP leader Syed Shahnawaz Hussain (53).
“We are prima facie of the view that the matter requires consideration. We will issue notice and stay all proceedings,” a Bench led by Chief Justice-designate Uday Umesh Lalit said, posting his petition for further hearing the next month.
It was hearing a petition filed by Hussain last Thursday to stay the High Court order to register an FIR against him. This is an example of how the VVIP cases are listed quickly in the top court as Hussain got the hearing within four days of moving it.
It also granted liberty to the complainant woman to file her objections and approach Delhi police to provide her protection if required.
Interesting to observe in this regard what Chief Justice of India N V Ramana says in his farewell address on retirement on Friday on the functioning of the registry of the top court as he noted a week ago that even the cases listed by the judges are routinely dropped by the registry without even consulting them.
Noting that there was complete reluctance on the part of the police to even register an FIR, the high court single-judge bench of Justice Asha Menon had last Wednesday dismissed Hussain’s petition and ordered registration of the FIR forthwith, investigation completed and detailed report under Section 173 of CrPC be submitted before the metropolitan magistrate within three months
Delhi woman had moved the lower court seeking registration of an FIR against Hussain on her allegation of rape. A magisterial court had on July 7, 2018, ordered registration of an FIR against Hussain, saying a cognizable offence was made out in the complaint of the woman.
The magisterial court’s order was challenged by Hussain before a sessions court which dismissed his plea. On July 13, 2018, the high court stayed the trial court order which directed Delhi Police to register the FIR. The stay was vacated by the High Court on August 17.
