Take over all Vyapam cases, whatever their stage: SC asks CBI

"Whatever is the stage of the case, you (CBI) will have to take over all the matters," a bench headed by Chief Justice H L Dattu said while allaying the <g data-gr-id="35">apperehension</g> of the CBI that the Special Investigation Team (SIT) and Special Task Force (STF) of state police may not co-operate with it if it takes over those cases which were on trial stage in courts.

"You take over and the SIT/STF will cooperate with you, We will ask them to co-operate," the bench, which also comprised Justices C Nagappan and Amitava Roy, said.

Solicitor General Ranjit Kumar, appearing for CBI, said there were difficulties in taking over 72 cases, which were at different levels of trial, as they were being prosecuted by SIT/STF and their investigation officers (IOs) may not extend cooperation to the CBI.

Rejecting the submission, the bench asked the agency to take over such cases within three weeks and also directed the SIT/STF to extend support to CBI.

It also ordered the probe agency, which has shortlisted 19 persons as its prosecutors for Vyapam scam cases, to also appoint remaining 29 public prosecutors by the next date.

The bench asked CBI to move applications in trial courts concerned if it feels further probe or re-investigation is needed in any case.

The issue of shortfall of CBI sleuths to take over the investigation was also raised during the hearing and the bench asked Attorney General Mukul Rohatgi, representing DoPT, to file a report detailing the steps taken or to be taken to meet the demand of the probe agency.

Rohatgi said at the senior level, though IPS officers were willing to come to the CBI, the real problem was at the level of Inspectors, who do the ground work, as they did not want to leave state police and join the agency. Moreover, around 900 posts have been sanctioned in the CBI and steps were being taken to meet the paucity of officers in CBI, he said.

The bench, which has now fixed October nine for hearing on a batch of petitions filed by persons including Congress leader Digvijay Singh on the alleged Vyapam scam, asked CBI to file status report on or before the next date of hearing.

The court had said the Vyapam cases which have now risen from 185 to 212 will be looked after by CBI, irrespective of the fact that in 78 of them the state's SIT/STF have already filed <g data-gr-id="39">chargesheets</g>.

Earlier on the issue of shortfall of CBI sleuths, Rohatgi had said though CBI has its own cadre, 50 <g data-gr-id="38">per cent</g> of the personnel with the agency were <g data-gr-id="36">deputationists</g> and now there is a decline in the number of <g data-gr-id="37">deputationists</g> also.

He had said a request would be made to West Bengal and Madhya Pradesh where CBI sleuths are involved in investigating Saradha and Vyapam scams respectively to send 200 state cadre officials on deputation with the agency to be engaged in probing other cases.

The apex court had on July 31 told CBI to inform it in three weeks about taking over of <g data-gr-id="63">investigation</g> of <g data-gr-id="64">maximum number</g> of cases out of 185 arising from the Vyapam scam.

The apex court also asked DoPT to inform it about <g data-gr-id="68">filling of</g> necessary vacancies in the CBI as the agency has complained that shortage of <g data-gr-id="34">man power</g> was coming in the way of <g data-gr-id="67">probe</g>. It had sought AG's assistance on the issue of filling up of vacancies in the CBI.