'Case of arrest not made out': SC on case against Vyapam whistle-blower Rai

New Delhi, April 11 The Supreme Court on Monday observed that a case of arrest is not made out against Vyapam scam whistleblower, Anand Rai, in an FIR registered against him over an alleged defamatory Facebook post against the Madhya Pradesh Chief Minister's OSD, Laxman Singh Markam.

A bench of Justices D.Y. Chandrachud and Surya Kant said: "We feel this was not a case of arrest. We would have granted him protection. But now he has secured bail."

The top court granted liberty to Rai to approach the Madhya Pradesh High Court under Section 482 CrPC, in the event of any charge sheet being filed against him in the FIR. The bench, however, noted that it was not stopping the investigation in the case against him.

Rai was arrested by Madhya Pradesh Police on April 7, but he was granted bail on April 9. The top court was hearing a petition filed by Rai against the high court order declining to quash the FIR registered against him and vacating the interim order of protection granted to him in the case.

During the hearing, the bench queried: "What does the Facebook post exactly mean?"

Senior advocate P.S. Patwalia, representing Markam, contended that Rai had used derogatory words against his client. Citing 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 charge sheet, if it is filed.

"I thought this was a case of protecting you from arrest but now that stage is gone.....".

On April 9, Rai's lawyer sought urgent hearing on the petition in the top court stating that his client was arrested from Delhi by MP Police.

Last week, the high court dismissed a plea filed by Rai in which he prayed to quash an FIR registered against him on a complaint by Markam. Rai and Congress leader K.K. Mishra had earlier claimed that Markam was involved in the MP-TET paper leak case. The duo had then claimed that the screenshot of a question-paper of MP-TET that went viral on social media was leaked from Markam's mobile phone. The allegation had then sparked controversy in the state.

In response to the allegations, Markam lodged an FIR against Rai and Mishra alleging that the duo had shared "misleading information" related to him on the paper leak. He had accused Rai of making objectionable social media posts.

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