Bribery charges against judiciary in med college scam intensify as CBI transcripts reveal talk of 'prasad' and 'temples'
The Times Of India
Jan 16, 2018
'Prasad', 'luggage', 'stuff', 'bahis', 'gamlas': these mundane expressions, allegedly code for bribes, stand out in the conversations recorded by the CBI as part of its probe into the Lucknow medical college scam which is considered among the triggers of the troubles presently roiling the Supreme Court.
Transcripts of the discussions recorded by CBI of retired Odisha HC judge I M Quddusi, who was jailed, alleged middleman Vishwanath Agarwala and B P 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, thus, asked to pause fresh admissions.
The recordings, in fact, suggest that the alleged fixers had promised a whole set of education entrepreneurs that they with their contacts in judiciary, will secure relief from Medical Council of India's order to de-recognise courses and desist from admitting medical students. Two sitting judges of Allahabad HC are already under CBI scanner.
The accused persons also appeared to be cautious of stricter vigilance by the government over middlemen and 'fixers', with Agarwala saying that meeting with the concerned person was not possible because "tea seller's government" is "watching everyone".
But the businessman from Odisha offered "500 per cent guarantee" that the work will be done. In one of the conversations, the transcript has Agarwal telling Quddusi that his point of contact—who he refers to as "father" and "captain" — was "willing to do" whatever was required all over India. He will do "100 per cent", he assures the retired HC judge.
At one point, Yadav is recorded telling Agarwala that he trusts the "judge's words". Agarwala again reminds Yadav that the issue will not be resolved if "prasad" is not given.
When contacted, CBI spokesperson Abhishek Dayal said that "CBI will not confirm, deny or comment" on the PE or transcripts.
The suspected references to judiciary with the businessman Agarwala boasting that he could get favourable orders from "temple in Allahabad" as well as the "the temple in Delhi", resulted in a PIL being filed in SC which was mentioned before a bench led by Justice Jasti Chelameswar, with the latter referring it to a five-judge bench. Chief Justice Dipak Misra who has the final say in deciding which case goes to which bench, however, assigned the case to a bench led by Justice A K Sikri.
Soon an identical petition was again filed in the apex court which mentioned it before Justice Chelameswar and he, this time, earmarked it for a five-judge bench.
The order was rescinded by a constitution bench headed by CJI Misra who asserted his prerogative as the 'master of roster'. The rebel four judges, Justices Chelameswar, Ranjan Gogoi, Kurian Joseph and Madan Lokur, have charged that CJI has used the power selectively to assign cases to " benches of preference".
Apart from retired Justice Quddusi, accused of using his links with judiciary, it is Agarwala, a businessman from Odisha, who emerges as an important figure in the manoeuvres to manage matters for "medical entrepreneurs" by manipulating judges. In fact, success of the moves seems to ride on the businessman who never failed to reassure Quddusi and the " medical entrepreneurs" that his contact will swing things for them.
In another conversation between Justice Quddusi (retd) and Agarwala, the businessman is heard asking Quddusi as to which "temple" - the one in Allahabad or the one in Delhi- "the latter needed help from: expressions which CBI investigators suspect could be codes for well-regarded institutions.
CBI sources said that stuff, luggage, 'prasad' etc are probably being used as code for bribe money. The transcripts reveal fierce negotiations over alleged bribe money with Yadav asking Agarwala to take '2 in advance' and once the order comes out, he says, "We will get the admission; we will send 1 crore to the judge. Your place, Quddusi sir's place, do it this way."
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