SC orders CBI probe into Vyapam, as more skeletons tumble out

July 9, 2015

SC
New Delhi/Bhopal, Jul 9: The Supreme Court today ordered a CBI probe into the massive admission and recruitment scam in Madhya Pradesh as more skeletons tumbled out of the Vyapam cupboard with the death of yet another witness coming to light.

The Supreme Court, while directing CBI to probe all cases of the Vyapam scam and alleged deaths of persons related to it, also and issued notices to the Centre and the state on a plea seeking Governor Ramnaresh Yadav's removal for his alleged involvement in the scandal. The court also issued a notice to the Governor.

Congress had yesterday claimed 49 people associated with the scam had died so far.

The apex court's order transferring all Vyapam-related cases to the CBI came after the state government gave its consent to shifting investigation from the Special Investiation Team (SIT) and the Special Task Force (STF).

A bench headed by Chief Justice H L Dattu said all cases will stand transferred to the CBI from Monday and the agency will file its report before it on July 24.

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 the state has no objection to transferring the investigation in Vyapam and deaths of people allegedly related to it for a 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, said.

The apex court was hearing a batch of petitions including one filed by senior Congress leader Digvijay Singh seeking CBI probe into all cases arising out of the Vyapam scam.

As the Supreme Court ordered an inquiry by the central agency, reports came from Bhopal of a special court being informed about the death of yet another witness in the scam.

The Special Task Force of MP police, which hitherto investigated the scam, told the court that Sanjay Singh Yadav, aged around 35, died from illness at a private hospital in Bhopal on February 8. According to his family, he was suffering from Hepatitis-B.

The Supreme Court, while issuing notices relating to the Governor that are returnable after four weeks, refrained from making any remarks on him when Kapil Sibal, appearing on behalf of petitioners demanded that Yadav demit office to maintain its dignity.

"We are not going to say anything on it," it said.

The STF had registered a case against Yadav, a former Congressman appointed to the post by the previous UPA government, for favouring some candidates appearing for tests conducted by MP Professional Examination Board (MPPEB), also known as Vyapam. The high court, however, quashed it citing immunity from prosecution he enjoys while in office.

Yadav's son Shailesh, an accused in the case who was alleged to have accepted bribe for rigging Vyapam examination to favour some candidates, was the most high-profile person linked to the scandal to have died in mysterious circumstances. His body was found at his father's lucknow residence in March this year.

As soon as Sibal, appearing for Singh, submitted that it is a matter in which who's who of MP is involved, Attorney General Mukul Rohatgi said the state has already moved the high court for a CBI probe and the matter has been deferred to July 20.

Rohatgi's submission on MP government'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.

A beleagured Chouhan, whose credibility has been severely eroded following the scam, hailed the apex court's order, saying,"I welcome it wholeheartedly. There was a burden on my heart."

Speaking to journalists in Bhopal, Chouhan said he would request the CBI to begin investigation at the earliest "so the truth comes before the country, the people, and justice is done".

He rejected Congress' demand for his resignation. "They ask for it (his resignation) 5-6 times a day. To discredit Shivraj Chouhan, they have discredited the whole state. Probity in public life is my capital," he said.

Referring to the probe conducted by the STF and SIT so far, Chouhan said,"It was my test by fire. Had I not wanted, investigation would not have happened. I wanted to set the system right."

Not only Chouhan, political parties of all hues welcomed the decision.

Congress and AAP, while hailing the decision, also demanded that Chouhan step down to facilitate a fair probe.

"The victims have to be given justice. It is very important for the Chief Minister to step down for proper investigation to take place. It would be proper that the Chief Minister resigns as the control of police is with him as of today. If he gets a clean chit, then he can come back," Congress spokesperson Tom Vadakkan said.

"We welcome the Supreme Court decision. We wanted the Supreme Court to monitor the case and we hope it monitors it," he said.

AAP Spokesperson Ashish Khetan said by transferring the investigation to CBI, Supreme Court has expressed "dissatisfaction" with the probe conducted by state agencies.

"Now the Chief Minister is left with no moral authority to continue In his post," he said.

Congress general secretary Digvijay Singh, one of the petitioners in the case, welcomed the apex court's order.

"With this decision, the faith of the country in judiciary has increased. We are thankful to the Supreme Court," he told reporters in Delhi soon after the verdict.

The BJP, however, patted Chouhan on the back for the apex court order.

"BJP wanted a CBI probe, BJP approached the court and the court has accepted it. We welcome it," party spokesman Nalin Kohli said.

Kohli was quick to remind the Congress that an earlier petition filed by Digvijay Singh for a CBI probe had been rejected by the Supreme Court.

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News Network
April 22,2024

suratBJP.jpg

The BJP has opened its account in the ongoing Lok Sabha elections. The party's candidate from Gujarat's Surat constituency, Mukesh Dalal, has won the polls as all his opponents are now out of the fray.

BJP's Mukesh Dalal elected unopposed from the Surat Lok Sabha seat after all other candidates withdrew from the contest, the party's Gujarat unit chief CR Paatil said today. Today was the deadline for withdrawing nominations.

The nominations of the Congress party's Surat candidate and his substitute were rejected by the returning officer over alleged discrepancies in paperwork, a development that the Congress called an attempt at "match-fixing".

"Surat has presented the first lotus to Prime Minister Narendra Modi. I congratulate our candidate for Surat Lok Sabha seat Mukesh Dalal for getting elected unopposed," Mr Paatil posted on the microblogging website X, referring to the BJP's election symbol.

Eight candidates - seven of them independents - and Pyarelal Bharti of the Bahujan Samaj Party (BSP) withdrew their papers.

The nomination papers of the Congress's Surat candidate Nilesh Kumbhani was rejected on Sunday after the district returning officer Saurabh Parghi found discrepancies in the signatures of the proposers.

The nomination form of Suresh Padsala, the Congress's substitute candidate from Surat, was also found invalid.

The returning officer had said the four nomination forms submitted by the two Congress candidates did not appear genuine. The proposers, in their affidavits, had said they had not signed the forms themselves, the returning officer said in the order.

Congress lawyer Babu Mangukiya said the party will approach the high court and the Supreme Court for relief.

Congress leader Jairam Ramesh in a post on X said the Surat developments indicate "democracy is under threat". "Our elections, our democracy, Babasaheb Ambedkar's Constitution - all are under a generational threat. This is the most important election of our lifetime," Mr Ramesh said.

Mr Ramesh alleged the "distress" of micro, small and medium enterprise (MSME) owners and the business community in PM Modi's "Anyay Kaal" and their anger have "spooked the BJP so badly that they are attempting to match-fix the Surat Lok Sabha polls, which they have won consistently since the 1984 Lok Sabha elections."

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News Network
April 20,2024

Union Finance Minister Nirmala Sitharaman, on Friday, said that the Bharatiya Janata Party (BJP) plans to reintroduce electoral bonds in some capacity following extensive consultations with all stakeholders, should it come back to power in the 2024 general elections, according to a report in the Hindustan Times (HT).

HT cited Nirmala Sitharam as saying, “We still have to do a lot of consultation with stakeholders and see what is it that we have to do to make or bring in a framework which will be acceptable to all, primarily retain the level of transparency and completely remove the possibility of black money entering into this.”

However, the Centre has not yet decided whether to seek a review of the ruling made by the Supreme Court (SC), she said.

She further added, “What the scheme, which has been just thrown out by the Supreme Court, brought in was transparency. What prevailed earlier was just free-for-all.”

Launched in 2018, electoral bonds were accessible for acquisition at any State Bank of India (SBI) branch. Contributions made through this programme by corporations and even foreign entities via Indian subsidiaries received full tax exemption, while the identities of the donors remained confidential, safeguarded by both the bank and the recipient political parties.

On February 15, a five-judge Constitution Bench struck down the scheme, deeming it ‘unconstitutional’ due to its complete anonymisation of contributions to political parties. Additionally, the Bench stated that the articulated objectives of curbing black money or illegal election financing did not warrant disproportionately infringing upon voters’ right to information.

FM Sitharaman said, some aspects of the scheme need improvement and they will be brought back following consultations.

She also lashed out at the Opposition’s claims that the BJP disregarded criminal charges against leaders who switched from other parties to join the ruling party.

The HT quoted her as saying, “The BJP can’t sit here and say, you come to my party today, and the case will be closed tomorrow. The case has to go through the courts that have to take a call; they will not just say, “Oh, he’s come to your party, close the case.” Doesn’t happen that way. So is this washing machine a term they want to use for the courts?”

She further said that the Union government plans to simplify the process of taxation and make it easy for investments to come through into the country.

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News Network
April 25,2024

EVM.jpg

Electronics Corporation of India Ltd and Bharat Electronics Ltd have refused to disclose the names and contact details of the manufacturers and suppliers of various components of EVMs and VVPATs under the RTI Act citing "commercial confidence", according to RTI responses from the PSUs to an activist.

Activist Venkatesh Nayak had filed two identical Right To Information applications with the ECIL and BEL, seeking the details of the manufacturers and suppliers of various components used in the assembling of the electronic voting machines (EVMs) and voter-verifiable paper audit trail (VVPATs).

The VVPAT is an independent vote verification system which enables electors to see whether their votes have been cast correctly.

The ECIL and the BEL, public sector undertakings under the Ministry of Defence, manufacture EVMs and VVPATs for the Election Commission.

Nayak also sought a copy of the purchase orders for the components from both PSUs.

"Information sought is in commercial confidence. Hence details cannot be provided under Section 8(1)(d) of the RTI Act," BEL said in its response.

A similar response was sent by ECIL which said the details requested are related to a product which is being manufactured by ECIL, and third party in nature.

"Disclosing of details will affect the Competitive position of ECIL. Hence, Exemption is claimed under section 8(1) (d) of RTI ACT, 2005," it said.

In response to the purchase order copies, ECIL's central public information officer said the information is "voluminous" which would disproportionately divert the resources of the Public Authority.

"Further, the information will give away the design details of EVM components. The same may pose a danger to the machines produced. Hence, the exemption is claimed U/s 7(9) and under section 8(1)(d) of RTI Act, 2005," ECIL said.

Section 8(1)(d) of the RTI Act exempts from disclosure the information, including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information.

Section 7(9) of the Act says the information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.

"I don't know whose interests they are trying to protect against the right to know of close to a billion-strong electorate. ECIL said that disclosure of the purchase orders will reveal the design details of the components and this may pose a danger to the machines produced. ECIL did not upload even a signed copy of its reply on the RTI Online Portal," Nayak said.

He said it is reasonable to infer that the two companies are not manufacturing every single item of the EVM-VVPAT combo or else the two companies would have replied that they are manufacturing all these components internally without any outsourcing being involved.

"But the electorate is expected to take everything about the voting machines based on what the ECI is claiming in its manuals and FAQs," Nayak said.

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