"In that event the present complainant will have no right to prosecute the offender, who has committed the offence because law does not permit a witness to engage his counsel and participate in the trial from beginning to end," he said.
Sherawat also said the DCP's report should be rejected and if possible the complainant should be made co-complainant in the first FIR, so that she has full right to prosecute the culprit.
Three foreign women had recorded their statements before a magistrate, in which they have alleged that Bharti, the MLA from Malviya Nagar, had barged into their house along with his supporters on the intervening night of January 15-16, court sources had said.
In the earlier application filed before the court, the foreign national had alleged that she and the other women were subjected to a cavity search during their medical examination at AIIMS and the minister and his people had asked them in public to give urine samples.
Television footage on news channels had shown Bharti asking police officers to conduct the raid as he had received complaints of drugs and prostitution racket in that area.