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

ORDER

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.