SC seeks response from Centre and UP on PF scam

The Supreme Court on Thursday issued notice to the Centre, the Chief Secretary of Uttar Pradesh, and its Principal Secretary (Home) asking them to respond by August 01 to continue with the running investigation by the UP police under supervision of the Allahabad High Court, or constitute a special investigation team or to refer the CBI.
The three-member Bench comprising Chief Justice K G Balakrishnan, Justices P Sathasivam and J M Panchal said while hearing a petition seeking CBI probe into what is called the “Ghaziabad judges' provident fund scam.”

Counsel Shanti Bhushan, appearing for an NGO-Transparency International, when took exception to the CJI's decision of instructing Ghaziabad police to submit written questions that had to be asked to each of the judges whose name have been tossed in the case.
Senior counsel Shanthi Bhushan, appearing for Transparency International, took exception to the Supreme Court Secretary-General writing to the Ghaziabad police to submit written questions which were proposed to be asked to each of these judges. The CJI responded if you are not agree with my decision, you can challenge it. But, for this you have to amend your prayer and I will not be part of the Bench hearing the matter in the case.
Justice Balakrishnan said, “The SSP sought my permission and I have taken the decision. If you want to defy it you can do so. Other Bench will hear the petition. Neither the Secretary-General nor I have any control over the Ghaziabad court staff or the judicial officers. Only the Allahabad High Court Chief Justice has control over them. I don't want any advice from you on administrative matters.”
Solicitor General G E Vahanvati, whose advice was sought by the Court in the matter, also came with somewhat the same opinion: before transferring the ongoing probe from UP police to another agency, the SC should consider whether any need is required to entrust the case to CBI or SIT. He further said: “If the matter is brought straight to the SC, it will send a wrong signal that the HC was not competent to deal with the issue.”
Keeping Vahanvati's suggestion and the Bench's judgment, the Chief Justice sought response on the matter from Centre and Uttar Pradesh. He also denied a suggestion for ordering an investigation by a senior retired police officer or directing a probe under the supervision of any such officer.
Advocates from Ghaziabad court wanted the case to be probed by a special investigating team headed by a retired police officer.
Justice Balakrishnan said: "It is a criminal case to be investigated under Criminal Procedure Code and it should be investigated by the police. The case has been registered and cognizance has been taken. This is a criminal case with serious ramifications." After registering the FIR, only police officers have power to investigate the case and not the retired officials. It is not a fact finding committee to comprise retired officials, the Bench said.
“Inquiry, yes, but it has to be conducted under the Criminal Procedure Code. Let us get the response of the Union government and the UP government as to what should be the proper mode of investigation. If they suggest CBI, we will consider it. But there is no point in issuing notice to CBI and seeking its view in advance about the mode of probe,” the CJI said.
A week ago, the Supreme Court had decided to hear the PF corruption case in an open court. Earlier the matter was taken in a close chamber of CJI to keep it away from the media glare. But, the court decided there can not be separate judicial process for the judges and other persons. “No one, is high in the eyes of judiciary, be spared and there be no cover up.”
The case is related to Uttar Pradesh's 23 crore “Provident Fund scam” allegedly involving 26 judges, comprising one from apex court, seven High Court and six retired HC judges, ten serving district judges and two retired district judges. The next hearing of the case is on August 01.
http://www.newstrackindia.com/newsdetails/7337
New Delhi, Fri, 18 Jul 2008 NI Wire
www.newstrackindia.com