New Delhi: The Supreme Court today decided
to wait for the Allahabad High Court`s decision on a scribe`s
plea for CBI probe into the mysterious death of Lucknow Deputy
Chief Medical Officer Y S Sachan before taking a view on a
similar plea by the slain doctor`s family members.
A bench of justices H S Bedi and Gyan Sudha Mishra
said as the matter is being heard by the Lucknow bench of the
high court, which has slated it for next hearing on July 12,
it would like to wait for its outcome and kept the plea by
Sachan`s family member pending with it.
"Let us see what the high court does," the bench said
posting the matter for further hearing on July 14 as advocate
Prashant Bhushan, appearing for Sachan`s family, pleaded for
an urgent order for the CBI probe into the doctor`s death in
the jail hospital`s toilet on June 22.
Bhushan pleaded for the CBI probe saying that the
magisterial probe ordered into the death would not suffice
in this case, which smacks of a deep-rooted conspiracy to
eliminate him.
He further said the recent statements made by the
state chief secretary was shocking and no fair probe could be
expected.
"We saw that on television," remarked the bench, on
Bhushan`s submission and decided to keep Sachan`s family plea
pending with it.
The Allahabad High Court too is seized of the matter
as a local journalist has filed a public interest litigation
there for the CBI probe, contending that Dr Sachan`s death was
a complicated case and required to be probed by the premier
investigating agency.
Appearing for the Uttar Pradesh government, senior
advocate U U Lalit, however, sought dismissal of the plea on
the ground that it was already pending before the high court.
"Since the matter is already taken by the high court,
let the matter decided by them," he said adding, "It`s same
same set of people who are here as well as there (at the high
court). Same plea could be heard there also. Kindly see the
prayer which is identical," he said.
The bench, however, refused to accept his plea and
said, "There will not be the same kind of expertise and
powers".
Bhushan countered Lalit`s argument saying that the
petition at the high court was filed by some other people who
are not connected with the matter. The plea here at the apex
court has been filed by the family members themselves, he
asserted.
Sachan`s family had move the apex court yesterday with
Bhushan mentioning the plea before a bench of justices Altamas
Kabir and Cyriac Joseph for an urgent hearing. The bench had
however, asked him the approach the registry for slating the
petition for proper hearing.
Arrested for his alleged role in the murder of Lucknow
CMO B P Singh, purportedly to suppress a scam involving
financial irregularities and embezzlement of National Rural
Health Mission funds, Sachan was found dead inside the toilet
of Lucknow district jail hospital on June 22 night under
mysterious circumstances.
PTI
