New Delhi: The Bharatiya Janata Party leader Shahnawaz Hussain on Thursday moved Supreme Court (SC) against the Delhi High Court's recent order to register a First Information Report (FIR) against him in the alleged 2018 rape case.
The matter was mentioned before the bench headed by the Chief Justice of India NV Ramana seeking the urgent listing of the matter.
The lawyer said that the urgent listing is required as any delay in the hearing may damage the reputation of a political leader.
CJI bench assured that the matter will be listed next week.
Hussain's lawyer said, "my client has been in public life for 30 years. He is being unnecessarily maligned. If no urgent hearing is given, police will register FIR and this petition will become infructuous".
The Delhi High Court on Wednesday upheld the decision of the trial court in which it ordered to register the FIR against BJP Leader Shahnawaz Hussain in relation to the 2018 rape case.
The Court found no merit in the petition filed by Hussain challenging the trial court order and thus decided to dismiss it. "The FIR be registered forthwith. The investigations be completed and a detailed report under Section 173 CrPC be submitted before the MM within three months," it said.
The Bench of Justice Asha Menon in an order said, "There is no perversity in the orders of the Metropolitan Magistrate (MM) directing the registration of the FIR. There is also no error in the judgment of the Special Judge holding that the inquiry report being preliminary in nature cannot be considered as a cancellation report."
The court also said that the police after registration of an FIR and conducting a complete investigation will have to submit a report under Section 173 CrPC in the prescribed format. "The MM would, no doubt, proceed in accordance with the law to determine whether to accept the final report to either proceed with the case by taking cognizance or by holding that no case was disclosed and cancel the F.I.R after granting a hearing to the complainant in accordance with the law," it said.
—ANI
