ANAND RAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) With the consent of the parties, the matter is being taken up for consideration on the question of admission.

(2.) It is argued that the petitioner is a whistleblower who was instrumental in exposing the Vyapam Scam. It is pointed out that due to persistence of the petitioner, the whole Vyapam Scam was unearthed and later on, it was investigated by the Central Bureau of Investigation. In the present case, the FIR has been registered against the petitioner by the respondent No.2, alleging that he is a public servant and employed in Indian Naval Armament Services (INAS) and currently holding the post of Under Secretary with the State of Madhya Pradesh. It is alleged that the petitioner has defamed the complainant by posting wrong information on the social media and in furtherance to the same, some contents were posted on the Facebook on 26/3/2022, after manipulating the original contents and using abusive language making a statement in terms of caste of the complainant. Pursuant to which, the FIR was registered against him. The petitioner is trying to defame the complainant by preparing forged screenshot and by further implying that the complainant is leaking the papers with regard to examination of Varg-III. It is argued that the allegation which has made against the petitioner is posting the content of the Facebook which reads as under :-

(3.) It is argued that from the perusal of the aforesaid content it cannot be said that any offence is made out against the present petitioner, therefore, the present petition has been filed. It is submitted that even if the Facebook contents are taken into consideration as a toto, then no offence is made out against the petitioner. The petitioner submits that he has been falsely prosecuted and no offence of alleged Ss. are made out against him. There is not even a whisper with respect to any intention of the petitioner to do such an act knowing fully well that complainant is a member of Scheduled Caste and Scheduled Tribe or with an intention to insult or intimate or give a false and frivolous information knowing fully well that the complainant is a member of Scheduled Caste and Scheduled Tribe. The petitioner being a whistleblower is required to place the correct contents before the public, so that the actual facts may be brought to notice of the general public at large. It is submitted that it was the petitioner who was active in unearthing the Vyapam Scam and similar case was exposed in Rajasthan REET scam by the petitioner, therefore, the investigation should be done in the matter. The offences which have been registered against the petitioner are under Ss. 419, 469, 470, 500, 504, 120-B of Indian Penal Code and Sec. 3 (1)(q), 3 (1)(Da) and Sec. 3 (2) (va) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. The petitioner is not the maker of the messages which have been floated on the Whatsapp or Facebook, rather he has only forwarded the messages which was received to him, therefore, no such offence is made out against him. He is unnecessarily being harassed and put to prosecution by the State Agencies owing to some political pressure. Placing reliance upon the aforesaid Sec. , it is argued that no case is made out against the petitioner.