Supreme Court to consider plea of Vyapam Scam Whistleblower Dr Anand Rai against Madhya Pradesh High Court's order refusing to quash the FIR registered against him & vacating interim order of protection granted to him in a case related to a Facebook post.
DYC J: That post which has been made and has been referred to in the HC judgement, what does it actually mean?
Sr Adv PS Patwalia for Laxman (the man who has been named in the post)
Sr Adv Kapil Sibal for Dr Anand Rai.
DYC J: Whats obejctionable about this post?
Patwalia: He names me as Laxman Singh Matkam which means impotent and he knows my name is Laxman Singh Markam. He's sent it to whole world.
DYC J: At the most we can tell him that the mis spelling of your name is inadvertent error and he can tender you an unconditional apology.
Patwalia: All those watsapps which he's sending everybody- that's not coming on record. He is not innocent. He knows I belong to reserved category. He got arrested subsequently and he got bailed out on April 9. Let there be an investigation, let that not be interdicted.
Patwalia: He has political affiliations and he is doing this purposely. 2 FIR's were filed and he did not appear after summons were filed.
DYC J: I thought this was case of protecting you from arrest but now that stage is gone. We will say that if chargesheet is filed against you after investigation, you will have the liberty to challenge the same u/s 482 CrPC.
HC has given him liberty under 482.
Patwalia: In the so called message which he receives, he got the correct message. He forwards my Watsapp and this is forged.
DYC J: We are not stopping the investigation. We are giving him liberty. We will reserve his right and liberty and we'll clarify that.
DYC J: We are just keeping his remedies open which is routine.
ORDER
During the course of hearing court has been apprised that the petioner has been released on bail on April 9, 2022 after arrest on April 7, 2022. HC has granted liberty to the petioner to adopt suitable proceedings u/s 482.
ORDER
It is clarified that in the event of the chargesheet, it will be open to Petioner to challenge the same and at that event none of the impugned observations will be considered in case of such proceedings.
