Prashant Bhushan alleges misconduct by CJI Misra in MCI scam

New Delhi: In the alleged MCI scam that is purported by many to be the tipping point for the dissent in the Indian Judiciary, the CBI’s recorded transcripts have been leaked making shocking revelations about what may have transpired between the ex-odisha high court judge, the medical college owner, and the middleman

The leaked conversations include conversations between Quddusi, middleman Vishwanath Agarwala and BP Yadav of the Prasad Education Trust.

'Prasad', 'luggage', 'stuff', 'bahis', 'gamlas ' are expressions that stand out in these conversations which allegedly are codes for bribes, and are indeed conspicuous in the conversations recorded by the CBI, as part of its probe into the Lucknow medical college scam.

Transcripts of the discussions recorded by CBI of retired Odisha HC judge I M Quddusi, who was jailed, alleged middleman Vishwanath Agarwala and BP Yadav of Prasad Education Trust have been cited to accuse them of seeking favours from judiciary for the promoters of private medical colleges, who were found to be lacking in infrastructure and, asked to halt all fresh admissions.

The tapes suggest that the alleged fixers had promised many education entrepreneurs relief from the MCI de recognition recommendations and stopping of fresh admissions. Two sitting judges of Allahabad HC are already under CBI scanner, the sleuth agency states.

In one of the conversation, the accused are heard mentioning close vigilance by the government on middlemen and fixers. Agarwal in one such conversation is heard saying that meeting with a concerned person had been delayed as the ‘tea seller’s government ‘was watching everyone.

Interestingly, a part of their conversation speaks of an assurance being given by the businessmen that the work would be done. At another place Qudussi is being told by Aggarwal that his contact who he addresses as ‘father’ and ‘captain’ was willing to do whatever was required all over the country; in other words, the man was willing to put in his 100%. At another point in the transcripted conversation, Yadav expresses trust in the judge’s words to Agarwal and the latter reminds Yadav that no work would be done if 'Prasad' was not disbursed.

As reported by TOI these transcripts led to a PIL being filed in the Supreme Court, which was mentioned before a bench led by Justice Jasti Chelameswar.The judge further referred it to a five-judge bench. It was at this stage that CJ Misra, the deciding authority on assigning of cases decided to pass it on to a bench led by Justice AK Sikri.

Lawyer Bhushan, Convenor, Campaign for Judicial Accountability and Reforms, has made "allegations of misconduct’ against the Chief Justice of India, Deepak Mishra. The misconduct copies of his complaint have been circulated to the four judges — Justices J Chelameswar, R Gogoi, K Joseph and MB Lokur — and also to Justice AK Sikri, reports The Indian Express.

The report quotes Bhushan as saying in his complaint: "The CBI FIR makes allegations that the entire conspiracy and planning was to bribe and influence apex court judges who are dealing with the case of Prasad Medical Trust. This bench was clearly headed by Chief Justice Dipak Misra. In these circumstances, he was an interested party and could not have dealt with this case either on the judicial side or the administrative side by way of assigning a particular bench to hear this case… while at this stage there may not be conclusive evidence of Justice Misra's involvement, the circumstances listed definitely warrant a thorough investigation."

The scam

The Medical Council of India bribery scam, surfaced last year when the Central Bureau of Investigation stumbled upon it in September. The investigating body having unearthed the scam, alleged it to be a conspiracy to obtain judicial orders from various High Courts and the Supreme Court in favor of the Lucknow-based organization, the Prasad Education Trust.

Earlier, it is believed that the Medical Council, had denied operational permission to one of the Trust owned medical colleges. However, a middleman’s assurance that the permission could be granted through the judiciary had resulted in interested parties offering money to facilitate the happening of it.

The CBI revealed that Rs two crore was recovered by them during the raids conducted. This recovery had led to the arrest of the former Odisha High Court Judge, IM Quddusi and four others. The former judge was released on bail though.

Interestingly another identical petition was filed all over again in the Supreme Court and Justice Chelameswar again passed it over to a five-judge bench. However, the order was again dismissed by a CJ Misra headed constitutional bench, who insisted on his prerogative as the 'Master of the Roster', a TOI report mentioned.

Filed under the "in-house" procedure for investigating complaints against judges of the High Courts and the Supreme Court, the 24-page complaint, is alleged to "tarnish” the reputation of the court, and bring the judiciary into disrepute, reports Indian Express.,

According to Bhushan since the "in-house" procedure is silent regarding complaints against the Chief Justice, the present complaint must be examined by the next judge in the line of seniority or by a collegium of senior judges reports TOI.