NEW DELHI: The Delhi High Court has set aside a sessions court order directing the registration of an FIR against BJP leader Shahnawaz Hussain and his brother Shahbaz Hussain in a rape case, after giving them an opportunity of being heard afresh in the lower court.
Reversing the sessions court order, Justice Amit Mahajan held that Hussains did not have a right to be heard when the woman first moved the court to file the FIR against them.
“The Criminal Revision... is restored and is remanded back to the concerned Court for a decision afresh after giving an opportunity of hearing to the petitioners,” the order read. The court noted that “Once an order (to register FIR) is passed, some rights accrue either in favour of or against the parties. Such rights cannot be taken away in a challenge made against the order without there being the issuance of any notice or an opportunity of hearing, to the party whose right is now sought to be taken away.”
“It is clear that while exercising powers of a revisional court, no order to the prejudice of an accused or any other person can be made by a court unless the said accused or the said person has been given an opportunity of being heard,” the order said.
The complainant alleged Shahbaz raped her on the promise of marriage. However, she claimed that he faked marriage with her and ran away. She also alleged that she was pressured to eat beef, change her religion and embrace Islam.
The Metropolitan Magistrate had called for a status report and on examining it, found that there was no requirement for a police investigation. This order was reversed by the ASJ without issuing notice to Hussain and his brother.