NEW DELHI: The Supreme Court on Monday dismissed a special leave petition by former union minister and BJP leader Syed Shahnawaz Hussain against the Delhi High Court order for registration of an FIR against him on the allegation of rape made by a woman complainant.
Appearing for Hussain, senior advocates Mukul Rohatgi and Siddharth Luthra submitted before a bench of Justices S Ravindra Bhat and Dipankar Dutta that the alleged woman victim had filed several complaints against their client. The counsel submitted that police have investigated the complaints but nothing has been found.
The bench, however, said, "Let’s there be a fair investigation and, if there is nothing, it will exonerate you.”
In August, 2022, the top court had stayed the Delhi High Court's order directing the Delhi police to lodge an FIR against Hussain.
A single bench of the high court on August 17, 2022 directed for lodging of the FIR, completion of the investigation within three months and filing of a detailed report under Section 173 Code of Criminal Procedure against Hussain.
The court had then dismissed the petition filed by the former Union Minister, challenging the order of July 12, 2018, of the Special Judge, who had rejected his revision petition against the orders of the metropolitan magistrate for registration of FIR.
He claimed the allegations made by the woman-complainant having matrimonial dispute with his brother were totally false and mala fide.
Hussain claimed, in fact, in 2017, he had filed a complaint with the Delhi police 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.