Supreme Court Refuses To Interfere With Investigation In FIR Against Vyapam Scam Whistleblower Dr Anand Rai Over FB Post

The Supreme Court on Monday granted liberty to Vyapam Scam Whistleblower, Dr Anand Rai to approach the High Court under Section 482 CrPC, in the event of any chargesheet being filed against him in the FIR registered against him over alleged defamatory Facebook Post against the Madhya Pradesh Chief Minister's Deputy Secretary.

The Court said that it was not stopping the investigation in the case against him.

The bench of Justices DY Chandrachud and Surya Kant passed the order noting that Rai, who was arrested on April 7, 2022, was later released on bail on April 9, 2022.

Accordingly, the bench disposed of the petition filed by Rai against Madhya Pradesh High Court's order refusing to quash the FIR registered against him and vacating the interim order of protection granted to him in the case. On Friday, Rai's lawyer had sought urgent listing of the petition in the Supreme Court stating that he was arrested from Delhi by the MP Police on April 7 and was taken to Madhya Pradesh.

In the hearing today, Senior Advocate PS Patwalia, appearing for Laxman Singh Markam, contended that Rai had used extremely derogatory words against Markam.

Apprising the bench for the fact that Rai had been released on bail on April 9, Patwalia submitted that the investigation in the case should not be interdicted.

Noting that Rai has been granted bail, the bench told his counsel Senior Advocate Kapil Sibal that he can be given liberty to challenge the chargesheet if it is filed.

"I thought this was a case of protecting you from arrest but now that stage is gone. We will say is that if a chargesheet is filed against you after investigation, you will have the liberty to challenge the same u/s 482 CrPC. The High Court has given him (Rai) liberty under section 482. We are not stopping the investigation. We are giving him liberty. We will reserve his right and liberty and we'll clarify that. We are just keeping his remedies open which is routine," Justice Chandrachud said.

Case Title: Anand Rai v State of MP

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