New Delhi: The Supreme Court yesterday gave over the Vyapam scam investigation to the CBI saying sarcastically that id did’nt want “the figure of 36 (dead) to go to 37”.
It also issued notices to governor Ram Naresh Yadav and the MP Government, the STF and the MP Highcourt appointed SIT, on a plea challenging Madhya Pradesh High Court’s quashing of an FIR accusing the governor of involvement in the scam.
The three-judge apex court bench declined to issue directions to the Governor to step down for the duration of the CBI inquiry and the court case. “We will not like to say anything on that,” said the bench headed by Chief Justice H.L. Dattu, thus leaving the matter to the governor himself.
Number of ‘Mysterious’ deaths vary
The CBI will from Monday probe the scandal, which involves impersonation in exams for professional college seats and government jobs in Madhya Pradesh, as well as the string of “mystery deaths” of accused and witnesses that has given the scam a sinister turn.
The official count of such deaths is 26 but the Congress claims it is close to 50. The apex court bench, which included Justices Arun Misra and Amitava Roy, cited the number “36” while going through one of the petitions moved several weeks ago.
“We don’t want the figure of 36 to go to 37,” Justice Dattu remarked.
Supreme Court monitiored probe
The court left the question of monitoring the probe by itself open. It said it would examine this at later date and fixe the next hearing two weeks later.
Today’s directions came on two petitions: one moved by Congress general secretary Digvijaya Singh seeking a CBI probe and the other by five Madhya Pradesh lawyers challenging the high court’s quashing of the FIR against Yadav.
Chief minister Shivraj Singh Chouhan had this week written to the high court seeking a CBI inquiry after months of resisting calls for one. Attorney-general Mukul Rohatgi today told the bench the Centre had no objection to a CBI investigation.
Quashing of FIR against Governor questioned
Senior counsel Kapil Sibal, appearing for both sets of petitioners, questioned the high court’s decision to quash the FIR against the governor on the ground of Article 361, which shields governors from criminal prosecution or arrest.
“It’s very sad that when a high dignitary is involved, the high court has abdicated its responsibility and the principles laid down by this court (apex court),” he said.
He was referring to the several apex court rulings that said public servants, whatever their rank, are not immune to criminal prosecution for action that cannot be construed as part of their official duties.
Sibal said the high court had ignored the findings of the SIT and the STF and the opinions of the state advocate-general and the Centre about the need to allow the FIR to continue.
Supreme Court criticises MP High Court
At one point the Centre’s Advovate, Rohatgi told the bench the high court had adjourned the entire Vyapam case till July 20 since the matter was being examined by the apex court.
To this, Justice Dattu remarked: “The high court cannot wash its hands of the matter and say the ball is now in the Supreme Court.”
