SC hands over Vyapam scam probe to CBI

Will not allow more deaths, says apex court

The Supreme Court on Thursday handed over the probe into the Vyapam scam and cases related to mysterious deaths of over 40 accused or witnesses to the Central Bureau of Investigation (CBI).

The apex court also issued a notice to Madhya Pradesh (MP) Governor Ram Naresh Yadav, on a petition filed by advocate Sanjay Shukla and others, challenging the May 5 High Court order which had quashed an FIR against Yadav on the grounds that he enjoyed Constitutional immunity.

A three-judge bench presided by Chief Justice H L Dattu said that the court would not allow the number of deaths in the case to go up. The Madhya Pradesh government, however, claimed it had “nothing to hide”.

Shaken by a string of recent deaths, including that of a journalist, the state government, represented by Attorney-General Mukul Rohatgi, submitted that the matter should be entrusted to the CBI.

Rohatgi left the issue of deciding whether to monitor the investigation to the apex court. At present, a Special Investigation Team is probing the case, which is being monitored by the High Court.

The apex court allowed a plea made by Rohatgi and senior advocate Kapil Sibal, representing a group of whistleblowers seeking CBI probe into the scam as well as the deaths.





“On the submission made by the A-G that he had no objection whatsoever in transferring investigation of criminal cases relating to Vyapam to the CBI and also the cases related to deaths of persons in connections with the Vyapam. We appreciate the stand taken by the counsel. In view of the above, we transfer the cases to the CBI,” the bench, also comprising Justices Arun Mishra and Amitava Roy, said in a brief order.

As Sibal contended that everyday people in MP were dying and the number has risen to 48, the bench observed that they do not want the number to go up further. “We see in the petition, it is 36 (number of deaths), we will not allow 36 to go to 38,” the bench said.
The court fixed the matter for July 24 when it would hear the CBI’s response with regard to monitoring the case by the Supreme Court.

At the outset, Sibal assailed the May 5 order and questioned the role of the governor, who had recommended five people for appointment of forest guards through unfair means.

He contended that the FIR was quashed on the grounds that Yadav enjoyed immunity under Article 361 of the Constitution. “This is the new law of the land. Not even an FIR can be registered if it concerns a high dignitary, according to the high court,” said Sibal.

During the hearing, the apex court did not appreciate the high court’s decision to defer hearing the state government’s plea for a CBI probe to July 20. “Instead of deciding the application, it merely washed its hands off and said the ball is in the Supreme Court,” the bench said.

The scam involves the Madhya Pradesh Professional Examination Board or Vyapam, which conducts exams for selecting medical officers, constables, teachers and auditors for government departments, besides admission to professional colleges. The candidates reportedly paid officials and middlemen to make it to the list.