SC takes exception to second plea in medical admission scam

SC takes exception to second plea in medical admission scam”

The case pertains to medical admission scam. These colleges were found to have sub-standard facilities and non-fulfillment of the required criteria.

"The request that the chief justice should not deal with the matter should have been made to him".

As reported by India Today, middleman Biswanath Agrawala, a Bhubaneswar resident, was engaged by the retired judge for the same.

Besides him, some other accused were also arrested in connection with a separate Prevention of Money Laundering Act case.

Agrawala claimed to have contacts with influential people. The CBI said Rs 2 crores was recovered during the raids.

Following granting of the bail, two parties (advocate Kamini Jaiswal and CJAR) filed a Public Interest Litigation (PIL) in the Supreme Court seeking the constitution of an SIT to investigate the allegations, with a retired judge monitoring the same. Justice Misra said a new bench would be formed to hear the petitions and adjourned the matters by two weeks. But, it refused to lift the restriction till 2018-19.

The Medical Council of India was also authorized by the state to encash the college's bank guarantee of Rs 2 cr.

The Prasad Education Trust used to run a medical college in Lucknow whose recognition was reportedly canceled by the competent authority.

Referring to the FIR filed by the CBI in the matter, Bhushan said, "Whole conspiracy was to bribe the bench hearing the (medical college) matter".

In its order, the Bench said, "The FIR contained certain allegations which are disturbing". The trust sought relief from the Supreme Court and the Allahabad high court. The medical college regulator, in turn, challenged the Allahabad High Court order in the Supreme Court.

The proceedings led to heated arguments between the bench and lawyers, some of whom wanted contempt proceedings initiated against the petitioners for sullying the image of the Supreme Court. The CBI says that it is at this point of legal battle, Quddusi and Pandey roped in Agrawala.

The FIR talks of a middle man named Biswanath Agarwala from Odisha, who was engaged with the objective of influencing the Judges.

A trial court had earlier denied bail to Tandon on the ground that he was alleged to have been involved in a "white collar crime" with other accused in a "well-planned" manner. The petition was taken up for hearing by the bench headed by Justice Chelameswar.

According to Bar and Bench website, a 5-judge Bench of CJI Misra and Justices RK Agrawal, Arun Mishra, Amitava Roy and AM Khanwilkar was hearing the petition filed by Campaign for Judicial Accountability and Judicial Reforms (CJAR).

It overturned an order passed on Thursday by a two-judge bench to constitute a five-judge bench to hear a matter of alleged bribes taken in the name of judges and said that neither a two-judge nor a three-judge bench can direct the CJI to constitute a specific bench. The bench also issued notices to the Centre and MCI.

Bhushan expressed his displeasure at the refusal of the Bench headed by CJI Dipak Misra to hear him.

A News 18 reporter, who was present in the court room tweeted, "Advocate Prashant Bhushan leaves the hearing midway, complaining he hasn't been allowed to speak for over an hour and that the Bench can pass whatever orders it feels".

Justice Chelameswar interpreted the draft order differently.

A five-judge bench declares CJI to be the master of the roster. "The CJI could not have presided over the bench". Justice Chelameshwar referred the case to a five-judge Constitution bench. Two of the judges, however, recused themselves from the bench.

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