Justice MR Shah led bench of SupremeCourt to hear an appeal against Calcutta HC order setting aside the order of a lower court & directing the lodging of an FIR against BJP 's Kailash Vijayvargiya, RSS member Jisnu Basu in a sexual assault case
Senior Adv Mahesh Jethmalani to appear for the petitioner Kailash : The compass is very narrow in this case
Sr Adv Kapil Sibal appears for the State of West Bengal
Jethmalani: It is alleged that complainant was raped in 2018 and filed a complaint in 2020. In between there is much correspondence and other cases filed in which there are closure reports. All were against Kailash Vijayvargiya
Jethmalani: As per Lalita Kumari case, there is preliminary enquiry. He says there is nothing in this complaint. Then revision application moved in High Court
Sr Adv Sibal:We won't argue much on the merits of the case. We leave it to your lordship
Justice Shah: he is being very fair
Jethmalani: he is nothing but always fair
SC: He looks fair and he is fair also !!
Sibal: protection may be granted...
SC: We issue notice and list it after the vacations
Jethmalani: Please grant interim protection
Sr Adv Paramjit Singh Patwalia: The HC has adjourned the matter since it's pending here. It will become day after. Please grant protection till then
Shah J: Let the High court hear it and grant protection
Jethmalani: I am being subjected to illegal investigation
SC: Bring the complainant here, we will consider it on reopening
SC: We issue notice and list it on Nov 16, 2021. In addition to the regular service, the original complainant be served by incharge police office of concerned police station.
SC ORDER: Meantime it will be open for HC to consider anticipatory bail plea on merits on consider granting interim protection without prejudice to rights of parties.