Looking for former judge in medical scam, CBI knocks on wrong door

Ashok Kumar Parija, president of Orissa High Court Bar Association, said: “At about 1.30 at night, a group of CBI people went to the judge’s residence, and wanted to meet him. Probably the security staff did not let them in… This is utter callousness, deplorable. I saw reports on TV that the CBI is disowning the incident, saying it is a case of mistaken identity, that they had gone to raid a former judge, Justice I M Quddusi. But don’t they do minimum cross-check before visiting anyone?”

The Bar Association held an extraordinary general body meeting and decided that its executive body would meet the High Court Chief Justice with a request for an inquiry into the incident. A CBI spokesperson said the agency had held an individual with Rs 1 crore received as bribe in a case related to a private medical college. “Related to this case, CBI is investigating the role of a retired Orissa High Court judge along with other persons… CBI team visited several places last night, including current and past residences of the said retired Orissa High Court judge.”

“A CBI team with independent witnesses also visited the former residence of the retired Orissa High Court judge in Cuttack last night for recovering incriminating documents and cash. The CBI team was informed at the gate that the said retired judge was no longer residing there. The CBI immediately left the location and informed the local police of the development. CBI strongly refutes any allegation of attempt to search or trespass at the residence of any sitting Orissa High Court judge,” the agency spokesperson said.

But a PTI report from Cuttack said Odisha police registered a case of trespass against the team of CBI officials. Police Commissioner Y B Khurania was quoted saying that on the basis of information provided by a security guard posted at the residence of the judge, a case under IPC sections 448 (house trespass), 353 (assault or criminal force to deter public servant from discharge of his duty) 511 (attempt to commit offences) and 34 (common intention) had been registered at the Cantonment police station.

Khurania said the CBI officials were not able to show any search warrant to the local police station or to the security guard deployed at the residence of the judge. The CBI case against Justice Quddusi and others relates to a UP-based private medical college, Prasad Institute of Medical Sciences, which was among the medical institutes barred by the government from admitting new students because of shortcomings in infrastructure.

The issue was challenged in the Supreme Court by the college. The court directed the government to consider the material on record afresh, the FIR said. In compliance with the order, the government heard the matter and barred the college from taking admissions for two sessions — 2017-18 and 2018-19. It also authorised the Medical Council of India to encash the college’s bank guarantee of Rs 2 crore. The matter was being pursued by the Prasad Education Trust in the Supreme Court. According to CBI, B P Yadav, who runs the college along with Palash Yadav, got in touch with Justice Quddusi and one Bhawana Pandey and they “entered into a conspiracy for getting the matter settled”.

The Prasad Eduction Trust, the CBI claimed, initially challenged the government order but withdrew it “on the advice of Quddusi” and approached the Allahabad High Court on August 25. The High Court ordered that the “petitioner college shall not be delisted from the list of colleges notified for counselling till the next date of listing i.e. August 21, 2017”, the CBI FIR stated. It also stayed encashment of the bank guarantee till the next date of hearing. The High Court, the CBI said, also “clarified that on the basis of the order, the petitioners shall have no right to claim any admission of the students”.

Against this, the MCI went to Supreme Court which disposed of the matter on August 29 with the college submitting that “it does not claim any benefit from the order passed by the HC”. At this point, according to CBI, Justice Quddusi and Pandey “assured to get the matter settled… through their contacts”. They got the Yadavs in touch with Biswanath Agrawala of Bhubaneswar who “claimed very close contact with senior relevant public functionaries and assured that he would get the matter favourably settled”.

According to the CBI FIR, Agrawala “demanded huge gratification for inducing public servants by corrupt and illegal means in lieu of the aforesaid help”. During raids conducted at the Justice Quddusi’s Greater Kailash residence in New Delhi and other accused in the case, the CBI claimed to have recovered Rs 1.9 crore in cash besides seizing Rs 1 crore from an alleged middleman. The CBI said that during the searches, it recovered Rs 1 crore from Agrawala while he was stepping out of the office of a hawala dealer at Chandni Chowk in Delhi. During searches at the institute, the CBI said it seized Rs 92 lakh.