Uncertainty looms large over the hearing on bail applications of hundreds of Vyapam scam accused in courts across the state as the Central Bureau of Investigations (CBI), as of now, doesn’t have public prosecutors to present its side on the same. On the other hand, Special Task Force (STF) counsels have withdrawn from the cases so as to avoid any controversy since the agency is now no more investigating the multi-layered scam.
The high court double bench, which is seized of as many as 51 bail applications of Vyapam accused, had summoned CBI additional director, RP Agrawal to explain its position vis-a-vis the bail applications.
Agrawal told the court that presently the CBI was not in a position to contest the bail applications in the HC as well as the trial courts as public prosecutors were yet to be appointed and process of transfer of cases was not over.
Similarly, additional advocate general PK Kaurav, who appeared for the MP STF submitted that the STF had decided to keep away from the bail matters to avoid any controversy since Vyapam scam cases were being taken over by the CBI.
The counsels appearing for applicants seeking bail said the applicants were in jail since long and their applications deserved early consideration.
After hearing all the sides, the division bench of justice SS Kemkar and justice KK Trivedi asked the CBI and the advocate general office to convene a joint meeting to decide the line of action for appearing before the trial court and HC in the bail matters.
The court also directed the CBI and the MP STF to furnish current status of cases of applicants by September 1, 2015 to facilitate early hearing on grant of interim bail accordingly.
The court said both “may also seek appropriate orders from the Supreme Court if so advised”.
“The CBI has requested the state advocate general to advise the state public prosecutors to continue to appear in the cases, which are yet to be taken over by the CBI till the central probe agency appoint the special public prosecutors,” the CBI additional director said.
The CBI has written to the chief secretary on Wednesday in this regard, he told the court.
The CBI additional director further said that according to the procedure new FIRs were being re-registered and as on Wednesday, 74 FIRs had been registered in the cases in which investigation was pending with STF/SIT, Madhya Pradesh.
The CBI has taken over the records with case diaries in 18 cases.
The process for transferring the case records in the remaining cases is going on and may take few weeks, the CBI additional director said.