The apex court made it clear that with the CBI on the case now, the High Court will not “touch” the Vyapam cases.
The Special Task Force, monitored by the High Court special Investigation Team, has lodged a number of FIRs relating to illegal admissions/recruitment totalling 55 cases, of which 45 related to admissions in professional courses and 10 to recruitment in government services on the recommendation of high-profile persons.
The court has apparently scheduled the next hearing for July 24 even as senior advocate Kapil Sibal sought an early date, saying every day, people related to the scam were being found dead. “We will not allow the number of deaths to go up from 36 to 37 or 38. Not one more will die,” Chief Justice Dattu stated precisely to senior advocates Sibal, Abhishek Manu Singhvi and Indira Jaising appearing in the batch of petitions filed by Congress leader Digvijaya Singh and three whistle-blowers.
“The toll is 48 not 36… anyway this is not cricket that we celebrate if the toll hits half century, Sibal reverted firmly. During the hearing, Attorney-General Mukul Rohatgi, appearing for the Madhya Pradesh government, stated that the State was already in favour of a CBI probe and hence wanted the Supreme court to take the final decisions. The court further agreed with Mr. Rohatgi’s submission that it was left entirely to the Bench to decide whether the CBI probe should be monitored by the Supreme Court.
“We appreciate the stand of the Attorney-General,” Chief Justice Dattu remarked in stark reaction to the M.P. government’s stand.
Yadav had been found guilty and charged under the Indian Penal Code, Information Technology Act, 2000, and the Prevention of Corruption Act, 1988, but the FIR was quashed by the High Court on the sole ground of constitutional immunity.
On a separate petition regarding the removal of the Governor, the SC said it shall take it up later and that there is no need to issue notice on it.
Sibal argued that on May 5, the High Court illegally quashed an FIR registered against the Governor in connection with Vyapam scam.
Yadav was accused of offences under the IPC, Information Technology Act and the Prevention of Corruption Act 1988. The FIR was “quashed” on the sole ground that the Governor is protected under Article 361 of the Constitution giving him constitutional immunity.
Uncanny frequency in the deaths of persons related to the Vyapam scam saw the Supreme Court on Tuesday agree to an urgent hearing on the impartiality and fairness of the investigation into the multi-crore scandal and the requirement for transfer of the cases to the CBI or other central agency.
The Bench had scheduled the batch of four petitions, including one by Congress leader and former Madhya Pradesh chief minister Digvijay Singh, along with two petitions seeking the removal of the State’s Governor Ram Naresh Yadav on July 9. The whistleblowers are Ashish Chaturvedi, Dr Anand Rai and Prashant Pandey are seeking a strong apex court-monitored CBI probe into the scam.
Further, the Bench would further have to consider the constitutional question raised by five Gwalior-based advocates whether a “tainted” Governor should continue or step down to face investigation like other accused.
Within hours of the Supreme Court stepping in, the Madhya Pradesh government had approached the CBI to take over the investigation of the case from the Special Task Force monitored by the Special Investigation Team (STF) set up by the State High Court.
This while, the apex court has looked into specific allegations as to whether the STF and the SIT misled the High Court into dismissing “sensitive” information brought in by an external whistleblower about the alleged involvement of Chief Minister Shiv Raj Chouhan and his family in Vyapam scam. Mr. Singh contends that STF is “ill-equipped and ill-trained to handle the nuances of digital forensics” — a skill crucial for the probe.
The Bench said it will look into death threats faced by whistleblowers on July 24. The Supreme Court ordered the probe be transferred to the CBI. The SC also issued notices to the Madhya Pradhesh High Court, the Central government and M.P. Governor Ram Naresh Yadav on a plea seeking the Governor’s removal from his post.
Tags: Vyapam case Vyapam scam
