UP Provident Fund scam: SC seeks Vahanvati's suggestion

NI Wire

New Delhi

Tue, 08 Jul 2008: 

The Chief Justice of India has sought assistance from the Solicitor General of India, Gulam E Vahanvati in relation to a petition seeking a judicial probe into the Uttar Pradesh's multi-crore “Provident Fund scam” allegedly involving 23 judges, comprising High Court and Supreme Court judges.

Bench, consisting of Justices P Sathasivam and J M Panchal, and headed by CJI K G Balakrishnan after hearing senior counsel Fali Nariman and M N Krishnamani, appearing for petitioners, issued notice to Solicitor General of India, Gulam E Vahanvati on Monday for rendering his suggestion in the matter and said the next hearing would be held in the Chambers of the Chief Justice on July 14 away from the media glare.

The Supreme Court wanted to know the methods under which the probe could be carried out against the judges who are facing allegations by a Ghaziabad court clerk, Ashutosh Asthana that he paid hefty amounts drawn from government treasury accounts of general provident fund to them.

The petition was filed by the Adhivakta Kalyan Trust and the Bar Association of Ghaziabad seeking prohibition on the probe, which was being carried out by the UP police, as it would mar the prestige of the judiciary.

Reluctant to have the interrogations against the judges by the police at one go, the Apex Court had directed the UP police to send a questionnaire to the judges, whose names allegedly figured in the scam. If the Interrogating team do not satisfy over the response, then it could send request for personal interrogation.

The Bar Association's counsel Fali Nariman argued the scam consisting of seven Allahabad High Court judges, six retired High Court judges and 12 judges from subordinate judiciary and one sitting judge of the Supreme Court couldn't be examined either by the police or the CBI. Nariman pointed out that judges’ interrogation by S.H.O could dent the image of the judiciary. So, he suggested an independent inquiry committee should be constituted to probe the scam.

Looking unsatisfied by the Nariman's suggestion, the CJI issued notice to Solicitor General of India asking for his suggestion in the scandalous matter to be heard in his close-door chamber on July 14.

Earlier the Ghaziabad Lawyers' body had approached the Allahabad High Court, but the latter had denied to order CBI investigation into the 23-crore scam and deputed a 16-member team to examine the veracity of the complaint. Unsatisfied with the HC order, the body thus approached to Supreme Court on Monday citing such investigation could dent the image of the judiciary among the public, which still acts as the last hope of the people.

A former Ghaziabad treasurer, Ashutosh Asthana, who is presently in jail, had named 23 judges, as beneficiaries of the provident fund account of third and fourth-grade employees in Ghaziabad region between 2001 and 2008, in his statement recorded by special judge Rama Jain under section 164 CrPC.