Vyapam scam: Supreme Court transfers case to CBI, issues notice to MP governor Yadav

The Supreme Court on Wednesday transferred the investigation into the Vyapam scam and the deaths of persons connected with it to the Central Bureau of Investigation. The federal investigating agency will start its probe from Monday. [caption id=“attachment_2334262” align=“alignleft” width=“380”] A Madhya Pradesh constable who was to appear as a witness in the Vyapam scam, died two months ago[/caption] It also issued a notice to Centre, Madhya Pradesh governor and the state government on a plea seeking the removal of the governor Ram Naresh Yadav. The apex court bench headed by Chief Justice H.L. Dattu handed over the probe to the Central Bureau of Investigation (CBI) after Attorney General Mukul Rohatgi told the court that he has instructions by the Madhya Pradesh government on handing over the probe to the CBI. In its order, the court said: “The AG on instructions says that the state of Madhya Pradesh has no objection whatsoever for transferring investigation into criminal cases related to Vyapam scam to the CBI and also the cases related to the deaths of the persons…for fair and impartial investigation.” “We appreciate the stand fo the attorney general”, the court said and added: “In view of the above, we transfer investigation of criminal cases relating to Vyapam scam and the deaths to the CBI from Monday.” The court has issued notice on a plea challenging the Madhya Pradesh High Court order quashing the FIR against state Governor Ram Naresh Yadav for his alleged involvement in forest guard recruitment scam on the grounds that he enjoyed immunity of the constitutional office he occupied. All Vyapam related cases have been transferred to the CBI. The next date for the hearing of the cases in the Supreme Court is 24 July. The state government pleaded on Wednesday that though the Special Task Force (STF) was probing the scam efficiently under the watch of the Special Investigation Team (SIT), headed by retired justice Chandresh Bhushan, “the government was seeking a CBI probe after the recent unfortunate developments” and demand from certain quarters to clear the air. 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 Digvijay 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 20 July. Rohatgi’s submission on MP governemnt’s stand evoked a quick response from the bench which said, “The High Court wants to wash off its hand.” “On CBI enquiry, 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 Digvijay 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. With inputs from agencies