New Delhi: The Supreme Court on Wednesday stayed
the proceedings in the Uttar Pradesh PF scam before a special
Ghaziabad CBI court after the agency said there have been some
"extremely disturbing" incidents warranting shifting of the
case outside the state.
"The proceedings before the Ghaziabad special CBI
court will remain stayed," a bench comprising Justices D K
Jain, V S Sirpurkar and G S Singhvi said and assured the AG
that it will "consider" the plea of the investigating agency
to shift the case to the national capital.
The CBI, which has been probing the case, also
submitted a fresh report before the Bench with Attorney
General G E Vahanvati saying that there "no evidence" against
17 judges and there was lack of sufficient evidence to
prosecute the remaining 24 judicial officers in the case.
"There is no evidence against the 17 out of the
41 judges and against the 24 remaining judges, there is no
sufficient prosecuatable evidence," he told the court
while placing the report in a sealed cover.
He said that the report about the 24 judges against
whom there is no sufficient prosecutable evidence has been
sent to the Chief Justice of India S H Kapdia and the Chief
Justice of the Allahabad High Court for taking administrative
action for their alleged misconduct.
The AG, who pressed for immediate shifting of the case
outside Uttar Pradesh, said this was necessary as there have
been "extremely disturbing incidents in the Ghaziabad Court".
He alleged that the District Judge, under whose
jurisdiction the CBI judge works, has been orally asking the
state police to involve themselves in the case which has been
handed over to the CBI.
The District Judge had sought case diary from the
Uttar Pradesh Police which had initially investigated the
Further, the AG said the proceedings of the case has
to be kept away from the court in Uttar Pradesh as six of the
judicial officers whose name have cropped up in the scam have
been elevated as judges of High Courts.
While considering the plea of the senior most law
officer, the Bench said that for transferring the case, it
will have to issue notice to all accused.
"Are we not required to hear the accused. Ultimately
it is their fate which has to be decided," the Bench said
asking the AG to provide it with the names and addresses of
all the 73 accused within a week and posted the matter for
further hearing on August 4.