The Supreme Court today asked CBI to submit by October in the trial court the charge sheet, including the CFSL report on electronic evidence collected during the probe of Vyapam scam in Madhya Pradesh.
The Madhya Pradesh Professional Examination Board (MPPEB), also known as Vyapam, conducts several entrance examinations for recruitments and admissions in various courses in the state and a massive scam has been detected in holding tests.
A bench comprising Chief Justice J S Khehar and Justice D Y Chandrachud said all prayers including the demand for a CBI probe in the scam has already been allowed and the petition is required to be disposed of.
Senior advocates K T S Tulsi and Vivek Tankha, appearing for Prashant Pandey, a self-proclaimed whistle blower of the scam, said CBI has already received report from the Central Forensic Science Laboratory (CFSL) of the examination of electronic evidence and is not filing it before the special CBI court in defiance of the order of this court.
Tulsi alleged the original Excel sheet, related to the scam, contained names of the chief minister, his wife and others and the apex court, on December 15, last year, had directed the agency to file CFSL report in the trial court.
Solicitor General Ranjit Kumar, appearing for the CBI, vehemently countered the submissions saying the CFSL report would be filed with the charge sheet.
"In view of the statement made to this court by the Solicitor General of India, we find no justification in
Retaining the instant matter any further. We therefore dispose of the instant matter with a clarification, that the competent CBI court shall take its independent decision on the afore-stated CFSL report, in consonance with law.
"We also consider it appropriate to direct, that the final report as indicated above shall be submitted to the CBI court concerned, on or before October 31," the bench said.
The apex court, which had transferred Vyapam scam probe to CBI, on December 15, last year had noted that the probe agency had sent "disputed Excel file (hard disk and pendrive) for analysis to the CFSL at Hyderabad".
The court today said it would not "examine the said report and comment on the veracity thereof" and rather ask the trial court to deal with it "in accordance with law" when the probe agency files the same.
The Solicitor General said the CBI is bound to carry out directions of this court including the order to submit the CFSL report before the competent court.
He also said the CFSL report would be appended to the final report and placed for consideration of the competent special CBI court.
Earlier, the court had directed CBI to file remaining over 30 charge sheets in connection with the scam.
The scam relates to alleged irregularities in the Vyapam, which holds exams for positions like medical officers, constables, teachers and auditors for government departments.
The apex court had in July, 2015 ordered a CBI probe into all Vyapam scam cases and alleged deaths of people related to the scam.
The Madhya Pradesh government had given its consent to shifting of the investigation from the Special Investigation Team (SIT) and the Special Task Force (STF) to CBI.
The multi-crore rupees professional examination scam, involves several high-profile professionals, politicians and bureaucrats as accused.
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