The Supreme Court on Monday stayed all proceedings against BJP Leader Syed Shahnawaz Hussain in connection with an alleged 2018 rape case.Syed Shahnawaz Hussain has approached the Supreme Court challenging an order of the Delhi High Court directing registration of FIR against him.

The matter will now be heard next month. Meanwhile, the top court has granted liberty to the complainant, who was allegedly threatened and assaulted at the behest of the accused, to approach the Police which shall be under an obligation to provide protection, if required.

A complaint was filed against BJP Leader, Syed Shahnawaz Hussain in June 2018, alleging commission of offences under Sections 376, 328, 120B and 506 IPC. The complainant later filed an application under Section 156(3) CrPC, seeking directions to the city Police for the registration of FIR. An action taken report (ATR) was filed by the city Police on 4th July, 2018 before the Metropolitan Magistrate (MM). It was concluded that as per the inquiry, the allegations raised by the complainant were not found to be substantiated.

Upholding a 2018 lower court order directing the police to register an FIR against Hussain, Justice Asha Menon said the complaint sent by the victim to the commissioner of police in 2018 clearly disclosed the cognisable offence of rape “after administration of a stupefying substance” and when the complaint was forwarded to the station house officer, the officer was obligated under law to register the FIR.

The Delhi High Court last week, while criticising the Delhi Police for its “complete reluctance” to even register an FIR against BJP leader Hussain, had directed it to complete the investigation into the allegations of rape against him within three months.

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