The Supreme Court declined to interfere with the investigation against Anand Rai, the whistleblower in the Vyapam and AIIMS scam cases, but granted him liberty to approach the high court, and challenge the same under Section 482 CrPC once the chargesheet is filed.
A bench of Justices D.Y. Chandrachud and Surya Kant noted,
“During the course of hearing, court has been apprised that the petitioner has been released on bail on April 9, 2022 after arrest on April 7, 2022. HC has granted liberty to the petitioner to adopt suitable proceedings u/s 482.”
“It is clarified that in the event of the chargesheet, it will be open to petitioner to challenge the same and at that event none of the impugned observations will be considered in case of such proceedings”
-said the Court in its order.
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Anand Rai moved the Apex Court for quashing the FIR registered against him following the Facebook post he made against the sitting Under Secretary of the State of Madhya Pradesh. He said a bare perusal of the said Facebook post would reveal that in fact, by way of the said post, the petitioner had merely questioned as to how the examination and answer key to the said examination had leaked onto the mobile phone of one individual and stated the incident required investigation by CBI.
Anand Rai was arrested by Madhya Pradesh Police on a complaint by deputy secretary at the CM secretariat, Laxman Singh Markam, for posting a Facebook post alleging paper leak (MPTET). The complainant said Anand Rai has misused his name and created a forged screenshot regarding leaking of Varg-III paper, by this act of the accused and the co-accused, his name is being defamed.
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