SC condones Rs 25 lakh fine payment delay by CJAR in Medical College bribery case

Written by Sanchari Chattopadhyay Published On 2021-01-22T12:16:44+05:30 | Updated On 22 Jan 2021 12:16 PM IST

SC condones Rs 25 lakh fine payment delay by CJAR in Medical College bribery case

Delhi: The Supreme court recently condoned the delay in the payment process of the fine of 25 lakh which was imposed on the Campaign for Judicial Accountability and Reforms (CJAR) in a case of a Medical College bribery scam that goes back to 2017.

The case pertains to a medical college bribery scam against a retired Orissa High Court judge, who was arrested among others, by the Central Bureau of Investigation (CBI) under the Prevention of Corruption Act. It was alleged that the retired judge allegedly used his influence to help Uttar Pradesh-based Prasad Education Trust in "settling" a matter involving their plea to set up medical colleges.

The Trust owned one of the 46 medical colleges barred by the Central government from admitting students. The accused were subsequently granted bail, but the same was not challenged by the CBI. Following granting of the bail, CJAR filed a Public Interest Litigation (PIL) in the Supreme Court seeking the constitution of a Special Investigation Team (SIT) headed by the retired chief justice of India to initiate a probe against the alleged conspiracy and bribery involving the higher judiciary in a medical college scam.

The petitioners had also demanded that CBI should produce all the evidence and materials on record collected in the matter before the court and should hand it over to the appointed SIT.

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A three-judge bench of the Supreme Court comprising of Justice RK Agrawal, Justice Arun Mishra, and Justice AM Khanwilkar had imposed a heavy fine on CJAR for filing a 'frivolous' PIL.

The bench on December 1, 2017 had dismissed the PIL filed by Campaign for Judicial Accountability and Reforms (CJAR), terming it as 'derogatory, contemptuous and scandalous' and had asked it to deposit the fine of Rs 25 lakh with the registry in six weeks.

The amount was to be transferred to Supreme Court Bar Association Advoates' Welfare Fund." The plea was disposed of by this Court by observing that the petition was 'without any reasonable basis', and 'gross abuse of the process of the court' as well.

CJAR presented that it has submitted the demand draft of Rs 25 lakh, dated November 2, with the apex court' registry and sought the condonation of delay over two-and-half years year in depositing the same.

Submitting the application, CJAR stated that the payment could not have been furnished within the due time since it did not have a bank account and that their work is carried out by contribution made by its members. It was also stated that it had crowdfunded a total of Rs. 11 lakhs.

Adv. Rajeev Dhawan appearing on behalf of CJAR submitted that the plea is not placed against the imposition of the 25 lakhs and also affirmed that the said amount may be retained for the Supreme Court Bar Association (SCBA) Welfare Association.

Also Read:Medical College Scam: CJAR deposits Rs 25 lakh fine imposed by Supreme Court

Medical Dialogues team previously reported that the association had sought recall of the 2017 judgment by which the cost was imposed on CJAR. The association in its plea informed the court, CBI had gone on to charge sheet the medical college officers and retired Justice involved in the case, and on the basis of the charge sheet, a Special CBI court took cognizance of the case in July 2019. One sitting judge of the High Court, who had dealt with the subject matter of the FIR in the High Court, was indicted by an in-house committee and his impeachment was recommended, the plea said. "In the light of the full circumstances stated in this application, recall the order of exemplary costs because it unfairly impairs the reputation of some very distinguished people who are unblemished in any way," it said but the apex court dismissed the review and the curative pleas of CJAR in the case.

As per a recent media report by Livelaw, while presenting the case regarding the issue of condonation of delay application, advocate Dhawan further added that the association also submitted to the court to consider their plea regarding recalling the order of exemplary costs. But the bench clarified that they would only be dealing with the official report which is for condonation of delay in filing cost in terms of the order 01.12.2017.

The court was also informed by CJAR that as there was no notice issued in the matter, no counsel could appear on behalf of the Union of India.

Adjourning the court till the next hearing after two weeks, the court ordered:

Delay in depositing the amount of costs is condoned. The applicant is permitted to serve advance copy on the office of the learned Attorney General for India who had appeared in Writ Petition (Crl.) No.169 of 2017. List after two weeks.

Supreme courtMedical Collegebribery scamCJARCampaign for Judicial Accountability and Reforms

Source : with inputs

Sanchari Chattopadhyay

Sanchari Chattopadhyay has pursued her M.A in English and Culture Studies from the University of Burdwan, West Bengal. She likes observing cultural specificities and exploring new places.