Centre wants CBI probe in scam

Last week,Ashok Nigam,another Additional Solicitor General,had refused to take a stand on the issue before the bench of Justices Pradeep Kant and Ritu Raj Awasthi. Last week,I did not have any instructions from the Central government. We submitted today that we are in favour of a CBI probe, he explained.

Tankha told the judges that the Central Government kept pointing out the flaws in the implementation of NRHM to the UP government,but it could not order a CBI inquiry on its own because the implementation was the state governments responsibility.

J N Mathur,Additional Advocate General of Uttar Pradesh,suggested that CAG be allowed to complete its ongoing audit before the inquiry is handed over to the CBI. In order to hand over the case to the CBI,there should be a cognizable offense,Mathur argued.

Cognizable offence can be proved if the irregularities in NRHM amount to fraud,misappropriation,embezzlement,falsification of accounts or criminal breach of trust, said Mathur before the court,Till now,we have not been able to find any of this,but only serious financial mismanagement.

Asked by the court whether the CAG will be able to investigate where the money has gone,Mathur argued that the CAGs scope of audit is large and it can cover this aspect.

Tankha,however,advocated that the CBI be asked to conduct a preliminary inquiry and submit a report before the court for further action. The court also questioned why,in spite of knowing the various irregularities in the implementation of NRHM,the state government did not take any action against the accused.

The state government and the Uttar Pradesh Small Industries Corporation submitted their counter affidavits.