New Delhi: The Supreme Court of India on Friday ordered a stay on the trial proceedings against Dr. Anand Rai, a prominent whistleblower in the infamous Vyapam scam, in connection with a case filed under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The apex court’s order came as a major relief to Rai, who has claimed that the case against him was a clear instance of “malicious prosecution” aimed at silencing his activism.
A bench of Justices Sanjay Karol and PK Mishra passed the stay order while hearing a special leave petition filed by Rai challenging a July 3 decision of the Madhya Pradesh High Court. The High Court had dismissed his plea seeking to quash the order of the trial court in Ratlam which had framed charges against him under the SC/ST Act.
Represented by senior advocates Kapil Sibal and Vivek Tankha, Rai argued that the case was not a bona fide application of the criminal law, but a targeted move against him due to his history of public interest work and dissent. “The prosecution has failed to show any caste-specific reference or intentional insult aimed at the complainant or any public servant belonging to Scheduled Castes or Tribes,” stated the petition filed through advocate Sumeer Sodhi.
Kapil Sibal emphasized before the court that none of the elements required to constitute an offence under the SC/ST Act were present in the complaint. He also pointed out procedural lapses in the investigation, stating that it was conducted by an officer below the rank of Deputy Superintendent of Police, contrary to Rule 7 of the SC/ST Rules, which mandates that investigations into such offences be carried out only by a DSP-rank officer or higher.
The case against Rai stemmed from an incident in November 2022 during the unveiling of a statue of tribal icon Bhagwan Birsa Munda. The event was organized by the Jai Adivasi Yuva Shakti (JAYS), a tribal youth organization. During the rally, some participants allegedly obstructed the convoy of elected representatives and public officials, resulting in allegations including unlawful assembly, use of criminal force, and obstruction of duty. Though Rai was not directly involved in any violent act, his name was included in the FIR, which later invoked provisions of the SC/ST Act.
Rai, a medical doctor by profession, rose to prominence after exposing large-scale irregularities in Madhya Pradesh’s Pre-Medical Test (PMT) and recruitment process under the Vyapam (Vyavsayik Pariksha Mandal) system. His whistleblowing efforts led to a nationwide outcry and the eventual transfer of the investigation to the Central Bureau of Investigation (CBI).
In his plea before the apex court, Rai alleged that he was being targeted due to his public activism and ideological views, which have often been critical of the government. He described the ongoing prosecution as a misuse of the criminal justice system to intimidate dissenters.
