The top echelon of state bureaucracy heaved a sigh of relief after the Supreme Court stayed part of the Allahabad HC order, which had directed the CBI to investigate alleged the malpractices in admission to various courses in ‘Ayush’ colleges in UP. A report by Mudit Mathur
The top echelon of state bureaucracy heaved a sigh of relief after the vacation bench of the Supreme Court stayed part of the Allahabad High Court order, which had directed the CBI to investigate alleged malpractices in admission to various courses in ‘Ayush’ colleges in the state in 2019.
A Supreme Court vacation bench of justices Dipankar Datta and Manoj Misra on an appeal by the state government issued notice which was limited to the question of examining the propriety of the direction of the High Court to order investigation by the CBI. The order was challenged on the grounds that court had exceeded its jurisdiction in exercising its inherent powers “conferred by Article 226 of the Constitution of India read with Section 482 Cr.PC.”
The Bench further directed that “there shall be stay of operation of the order of the High Court directing CBI investigation until further orders.”
Appearing for the state government, Additional Solicitor General K M Natraj, assisted by Ruchira Goel, advocate on record, argued that the High Court has transgressed its jurisdiction as a Bail Court under Section 439 of the Cr. PC.
He argued that the decision was in the teeth of a recent Supreme Court decision rendered in the matter of Inspector of Police v. M. Murugesan and Another. (2020) 15 SCC 251, wherein under similar circumstances, the apex court held that “the jurisdiction of the High Court came to an end when an application for grant of bail under Section 439 of the Cr.PC was finally decided.”
On May 24th, a single-judge Lucknow Bench of the Allahabad High Court, Justice Rajeev Singh granted bail to one accused Dr Ritu Garg. By the same order, the High Court, in exercise of its inherent powers “conferred by Article 226 of the Constitution of India read with Section 482 Cr. P.C” directed the CBI to undertake investigation of the scam that resulted in admission of undeserving students in various medical courses.
The state government had filed Special Leave Petition before the apex court on technical grounds challenging the May 24 order of the Lucknow bench of the Allahabad High Court asking the CBI to file a case and probe allegations of bribery against former Uttar Pradesh Ayush minister Dharam Singh Saini, the then additional chief secretary, Ayush department, Prashant Trivedi and others. The high court had also asked the CBI to submit a status report in the matter by August 1.
