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The Supreme Court today granted liberty to Dr. Anand Rai, the 'whistleblower' in the Vyapam Scam, to challenge the charge-sheet filed against him before the High Court in the defamation case over his Facebook posts, in the event it is filed. 

Rai had moved the Supreme Court challenging the Madhya Pradesh High Court order dismissing his plea seeking quashing of FIR in the alleged defamation case.

Rai had alleged that since he is the whistleblower of the infamous Vyapam scam arising out of the State of Madhya Pradesh, the State government has had an ax to grind against him. Notably, according to News Reports, Rai was arrested in Delhi on Thursday by the MP Police in relation to the same FIR. 

When the matter came up for hearing today, a bench of Justices DY Chandrachud and Surya Kant asked the complainant as to what the post made against him actually meant.

Justice Chandrachud asked, "What is defamatory about this post?"

To this, Senior Advocate Paramjit Singh Patwali, appearing for respondent no. 2 Laxman Singh Markam said, "He has misspelled my name to mean something derogatory. My name is Markam, he has spelled it as Matkam."

When the bench pointed out that it could be a simple spelling error, Patwalia replied,

"This was intentional Milord. He is sharing this post on Whatsapp also....His case is that he never made that comment, and it was sent to him. In the so-called message which he received my name is spelled correctly, it is when he forwarded it, that the spelling was changed to Matkam."

Court then said that it could ask Rai to tender an apology.

Patwalia further submitted before the bench that his client belongs to a reserved category, and as Rai has political affiliations, he had done this purposely. "Two FIRs were filed, he did not appear after summons were issued", added Patwalia.

Patwalia also informed the court that Rai is now out on bail in the FIRs filed against him by the complainant. At this juncture, Court said that Rai was seeking protection from arrest but that stage had passed.

With this view, the bench went on to protect the remedies already available to Rai as per the law.

"High Court has granted him liberty to adopt suitable proceeding under section 482 CrPC. When charge-sheet is filed, it will be open to petitioner to challenge it, no observations made in impugned order of the High Court will be considered then", ordered the Top Court.

Senior Advocate Kapil Sibal appeared for Rai.

Case Title: Dr Anand Rai vs. State of Madhya Pradesh and Anr.