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SC refers to constitution bench plea seeking probe into medical college admission scam case

IANS  |  New Delhi 

The Supreme on Thursday referred to a five-judge constitution bench a seeking probe into the alleged role of a retired High judge in a scam involving an Uttar Pradesh-based medical institution that has cast its shadow on the functioning of the top

The former High judge was allegedly trying to help the Lucknow-based Prasad Educational Trust to overcome a bar on admitting students in its medical college for two academic years (2017-2018 and 2018-2019).

The Trust runs the Prasad Institute of Medical Sciences that was barred from admitting students for two academic years.

The bench of Justice J. Chelameswar and Justice S. Abdul Nazeer directed the CBI Director to keep the entire record of its investigations into the matter and the case diary in a sealed cover and place it before the constitution bench that will hear the matter on Monday (November 13).

The Central Bureau of Investigation is the second respondent with Union of India being the first respondent in the filed by Advocate Kamini Jaiswal.

Recounting the sequence of developments starting with the mentioning of the in the morning by senior counsel Dushyant Dave, the bench in its order said, "Having regard to the totality of the circumstances, we deem it appropriate that this matter be heard by the Constitution Bench of the first five Judges in the order of seniority of this "

The order said, "Having regard to the importance of the matter, we also deem it appropriate that the matter be listed on Monday, the 13th November, 2017."

The order also referred to the xerox copy of the proceedings "purportedly" issued by the Chief Justice of India, that was placed before the bench by an official of the registry when the hearing was in progress.

The did not say anything on a plea by senior counsel Dushyant Dave that the constitution bench should not include Chief Justice Dipak Misra as the matter relating to the medical institution in question was heard by the bench headed by him.

The top order came on a by advocate Kamini Jaiswal seeking probe by the Special Investigation Team headed by a former Chief Justice of India and its monitoring by the top

Earlier on Wednesday, a was mentioned before Justice Chelameswar seeking a SIT probe into the matter and he had agreed to hear it.

However, in the post lunch session on Wednesday, it surfaced that the matter that Justice Chelameswar had said he would hear was assigned to another bench by Chief Justice Dipak Misra.

Referring to the FIR filed by the CBI, Dave said that it indicates that attempts were being made to "unduly and illegally influence the outcome of the petition" which was pending before the top

Drawing attention to the trajectory of the dates and the order passed, including September 18 when the top passed the order and September 19 when CBI registered the FIR, Dave told the that it seems that the CBI was on the trail of the matter for a long time.

"I pray to almighty that the allegations that are sought to be levelled against the institution (Supreme Court) are false and are bound to be false at the end of an independent investigation," Dave told the drawing its attention to the contents of the FIR filed by the CBI.

The by advocate Kamini Jaiswal says that the "FIR lodged by the CBI names a retired judge of a High as an accused, who was allegedly negotiating through a middle man to get the favourable order in a pending in this The said was being heard by a bench headed by the present Chief Justice of India."

In September, the CBI had arrested retired High judge Ishrat Masroor Quddusi and five others, including the chairman of a private medical college in Lucknow, which was barred from admitting students for two academic years 2017-2018 and 2018-2019.

Quddusi, B. P.

Yadav, Palash Yadav, Biswanath Agrawala, and Ram Dev Saraswat were arrested on September 20 by the CBI on the charge of helping an educational trust that was barred from admitting medical course students for two years.

Quddusi was granted bail on September 27. Bhawana Pandey - the lone woman accused - was granted one-week interim bail on humanitarian ground.

Other four accused - B. P. Yadav, Palash Yadav, Bishwanath Agrawala, and Ram Dev Saraswat - were granted bail by a local on October 6.



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First Published: Thu, November 09 2017. 20:46 IST