Thursday 9 July 2015

SC orders CBI probe into Vyapam scam; MP CM Shivraj Chouhan welcomes court's decision

The Supreme Court on Thursday transferred to CBI all Vyapam scam cases and all the death cases related to the scam on the request of Madhya Pradesh government.
A bench headed by CJI HL Dattu appreciated the MP government's stand and issued notice to the STF and SIT which were probing the scam earlier under HC monitoring.

MP government said it has no objection to SC monitoring CBI probe into the Vyapam scam and disbanding of STF and SIT. 

Hours after the SC order, MP chief minister Shivraj Chouhan thanked the top court for the decision.
As it happened: SC hands over Vyapam scam probe to CBI 

The SC also issued notices to MP governor on a petition challenging the HC decision to quash an FIR registered against him in Vyapam scam relating to recruitment of forest guards.

Mukul Rohatgi, who on behalf of the MP government, said that the state has no objection on transferring the investigation of cases relating to Vyapam scam to CBI and the cases related to the deaths of
people allegedly related to the scam for free and fair probe.

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Before handing over the probe to the CBI, the apex court took on record the submission of attorney general Mukul Rohatgi, who on behalf of the MP government, said that the state has no objection on transferring the investigation of cases relating to Vyapam scam to CBI and the cases related to the deaths of people allegedly related to the scam for free and fair probe. 

"The attorney general (AG) on instruction states that MP govt has no objection whatsoever for transferring the investigation of criminal cases relating to Vyapam scam to the CBI and the cases related to deaths of those allegedly connected with the scam for free and fair probe. 

"We appreciate the stand of the AG. In view of the above we transfer investigation of all criminal cases relating to Vyapam scam and death of people allegedly related to it, to CBI," the bench also comprising Justices Arun Mishra and Amitava Roy directed. 

When senior advocates Kapil Sibal, Abhishek Singhvi and Vivek Tanka were assailing the procedure adopted in the Madhya Pradesh high court, the bench interrupted them by saying that the apex court is passing an order, how can the high court proceed. "Once CBI comes into the picture, can HC proceed? Obviously no," the bench observed. 

While dealing with the matter connected to the governor, the bench said it was only issuing notice which would be returnable after four weeks time. 

The bench also refrained from making any remarks on the governor when Sibal said that Yadav should demit office to maintain its dignity. 

"We are not going to say anything on it," it said. The apex court was hearing a bunch of petitions including one filed by senior Congress leader Digvijaya Singh seeking CBI probe into all cases arising out of the Vyapam scam. 

As soon as Sibal, appearing for Singh, submitted that it is a matter in which who is who of MP is involved, the AG said the state has already moved the high court for CBI probe and the matter is deferred for July 20. Rohatgi's submission on MP government's stand evoked a quick response from the bench which said, "The HC wants to wash off its hand." 

"On CBI inquiry, instead of doing that, they are now saying that ball is in the Supreme Court," the bench observed. 

The AG said, "We have acceded to CBI probe and for it to be monitored by the Supreme Court is entirely upto you (apex court)." 

When Sibal was speaking about the magnitude of the scam and seeking short notice saying that everyday people are dying, the bench observed "we would not allow it to go from 36 to 38." 

When Sibal said that the deaths have risen to 48, the CJI said "in the petition I see 36." 

The bench also took up petitions of two whistleblowers Ashish Kumar Chaturvedi and Prashant Pandey on which notice was issued and kept them for hearing next week. 

The apex court de-tagged the petitions of whistleblowers from that concerning the Governor and one filed by Congress leader Digvijaya Singh. 

Advocate Prashant Bhushan appeared for Pandey.

The apex court on July 7, had agreed to hear the plea of the Congress leader and three whistleblowers seeking an apex court-monitored CBI probe into the Vyapam scam case. 

Singh and whistleblowers — Chaturvedi, Dr Anand Rai and Pandey — had moved the apex court seeking a CBI probe under its supervision. 

Earlier, a group of lawyers and Aam Aadmi Party (AAP) leader Kumar Vishwas had moved the court urging it to take cognisance of the scam. 

The petition, filed by a group of lawyers, had sought removal of Madhya Pradesh governor Ram Naresh Yadav on the ground of his alleged involvement in the massive admission and recruitment scam in the state and recording of his statement in the case. 

In his petition, AAP leader had urged the apex court to take cognisance of the massive scam, saying 45 people have died in mysterious circumstances in connection with the case. 

The apex court had earlier granted four months more time to the SIT, constituted following High Court order, to conclude probe into the case. 

The multi-crore rupees professional examination scam, involves several high-profile professionals, politicians and bureaucrats as accused. 

The alleged scam involves MPPEB, which holds examinations for various posts such as teachers, medical officers, constables and forest guards. 

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