Medical scam: Ex-judge wants transcripts’ leak probed

Former Orrisa High Court judge IM Quddusi, an accused in the medical college bribery scam who is out on bail, moved a Delhi court seeking a probe into the leak of phone conversations between him and two other accused persons, prompting the judge to seek a response from the CBI.

In his plea, filed through advocate Vijay Agarwal, Quddusi contended that the Preliminary Enquiry (PE) Report is a confidential document and the copy is not even supplied to the accused persons. However, the copy of the report is in the "hands of people outside the investigating agency, which gives rise to grave suspicion and apprehension of interference of third parties into the investigation of the present matter."

Excerpts, code words and other details regarding the medical bribery scam appeared in various media reports. Details of the transcript of the alleged conversation between three persons including Quddusi are in public domain. The reports had spoken of conversations between Quddusi, a middleman and BP Yadav, owner of UP-based Prasad Education Trust. 

The CBI has accused Justice Quddusi of demanding money from a blacklisted medical college and get a favourable order from the Supreme Court.

The case has triggered a controversy at the highest levels of judiciary and is said be one of the reasons that led to the unprecedented press conference by four senior Supreme Court judges, raising the issue of preferred bench allocation by the Chief Justice of India Dipak Misra.

In November, a five-judge Constitution bench headed by CJI Misra turned down a two-judge bench order headed by Justice J Chelameswar to set up a larger bench saying the Chief Justice is the 'master of the roster' that has now become a point of contention after the four SC judges raised the issue of bench allocation.

CBI registered the case against Qudussi and five others in September 2017 leading to his arrest.

Special Judge Manoj Jain issued notice to the CBI seeking a response on the plea by January 22.

Quddusi's application also stated that the release of the said information amounts to various offences including criminal misconduct. It said that monitoring of investigation is essential to find out as to whether the recordings and PE report have been leaked by someone within the CBI or they have been stolen.

It said that such a probe is essential to ensure that it does not become a "Trial by Media' and that the administration of justice is not compromised by interference by third parties in the investigation of the matter.