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CBI clean chit to Shivraj in Vyapam scam shifts spotlight to Digvijaya

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CBI clean chit to Shivraj in Vyapam scam shifts spotlight to Digvijaya

[vc_row][vc_column][vc_column_text]CBI has named 490 accused in its chargesheet, including 3 Vyapam officials, 3 racketeers, 17 middlemen, 297 Solver & Beneficiary candidates and 170 guardians

The Central Bureau of Investigation (CBI), on Tuesday, filed a chargesheet against 490 accused persons including three Vyapam officials, three racketeers, 17 middlemen, 297 ‘solver & beneficiary’ candidates and 170 guardians of the beneficiary candidates in a special CBI court in Bhopal in the infamous multi-crore-rupee Vyapam scam.

Interestingly though, the CBI sought to give a clean chit to Madhya Pradesh chief minister Shivraj Singh Chouhan and a host of other senior officials of the MP Professional Examination Board (the re-christened Vyapam) over their alleged involvement in the scam, which in the past five years saw mysterious deaths of around 49 witnesses, accused and even a journalist who was reporting on the swindle.

A statement released by the CBI said that the chargesheet naming the 490 accused was submitted with regard to “on-going investigation of a case relating to alleged irregularities in the Pre-Medical Test (PMT) 2013 conducted by Vyapam.”

Expectedly, what has caught the media’s attention more than the filing of the chargesheet is the agency’s clean chit to Shivraj Singh Chouhan. Former chief minister and Congress veteran Digvijaya Singh and Vyapam scam whistleblower Prashant Pandey had, over two years ago, alleged that a hard disk seized in the Vyapam case had been tampered with to remove Shivraj Singh Chouhan’s name. The allegation had triggered a huge political storm.

However, the CBI has now claimed that “there is no grain of truth in the allegation that the HDD (hard disk drive) seized on July 18, 2013 from the office of then Principal System Analyst, Vyapam (key scam accused Nitin Mohindra) was tampered.” The agency’s statement is being viewed as a clean chit to Shivraj, who for the past four years has been fighting hard to shrug off the Vyapam taint.[/vc_column_text][vc_column_text css=”.vc_custom_1509527713513{padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #a2b1bf !important;border-radius: 5px !important;}”]What was the Vyapam scam?

Vyvsayik Pariksha Mandal (Vyapam – now called MP Professional Examination Board) is Madhya Pradesh’s autonomous, self-financed body formed to conduct tests for professional examinations and government services. The organisation holds 21 exams on an average every year.

The scam allegedly involved an organised racket that allegedly rigged tests for admissions and recruitment to various courses and government jobs. Police say suspects employed imposters to write exam papers, manipulate sitting arrangements in exam halls and even supply forged answer sheets by bribing officials between 2012 and 2013.

An engine-bogey system was employed by the perpetrators of the scam to get candidates selected for various positions for which Vyapam held exams. According to this system, examination roll number records (based on which sitting arrangements are made in examination halls) were manipulated in such a way that roll number of the ‘beneficiary candidate’ (the bogey) appeared immediately after the roll number of the ‘solver’ (the engine). The ‘solver’ was only a dummy candidate added to the exam enrollment list to help the ‘beneficiary candidate’ in clearing the exam. The ‘solvers’ were mainly MBBS students, aspirants studying in premium coaching centres, even qualified doctors from across MP and other states.[/vc_column_text][vc_column_text]At the centre of the CBI’s clean chit to the Madhya Pradesh chief minister is the authenticity of the HDD it seized from Mohindra and the pen drives provided by Digvijaya Singh and Prashant Pandey which the two claimed had the “original and un-tampered documents”.

According to the CBI, Digvijaya Singh and Prashant Pandey “had alleged that the hard disk seized by Indore Police from the computer of Nitin Mohindra been tampered with.”

However, the agency has informed the special CBI court that “during investigation, image of the seized HDD in question along with 2 other HDDs, which was in the custody of the trial court, was got prepared through the experts of Central Forensic Science Laboratory (CFSL), Hyderabad and were forwarded to CFSL for analysis and examination (sic).”

The CBI says further that the “two pen drives, one kept in custody of the Hon’ble High Court of Delhi filed by the private person (Prashant Pandey) and the other submitted by him to CBI in a sealed cover were also sent to CFSL, Hyderabad for analysis. The pen drives as per the claims of the said private person contained the tampered and untampered versions of the impugned excel file. CFSL examined these HDDs and the two pen drives and submitted seven reports to CBI. As per CFSL report, the computer with the HDD in question was last shut down on July 15, 2013 and no file on the said HDD was accessed thereafter. All the 5 Excel files in the pen drive provided by Pandey to the Delhi High Court as well as to CBI, containing reference ‘CM’ (chief minister Chouhan) in it, were created or last modified on or after July 18, 2013 as per the report of CFSL whereas the alleged HDD in question was last shut down on July 15, 2013.”

The CBI says: “The pen drive provided by Prashant Pandey… contains false documents created subsequent to seizure of HDD in question.”[/vc_column_text][vc_column_text css=”.vc_custom_1509527924185{padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #a2b1bf !important;border-radius: 10px !important;}”]A shoddy probe from the start

The investigation into the Vyapam scam was shaky to begin with. After an initial probe by the Bhopal police, the investigation was handed over to a Special Task Force (STF) of the state police. Due to reports of lapses in the probe and attempts at a political cover-up, the Madhya Pradesh high court began monitoring the STF’s investigation directly through a Special Investigating Team.

Separate cases have been registered for investigating scams in different tests. In March 2015, the SIT told the Supreme Court it had arrested approximately 1,800 accused and was on the lookout for another 800 people.

In July 2015, amid reports of at least 49 accused, witnesses and a journalist – all linked with the scam in one way or another – dying mysteriously within a matter of few months and a subsequent political and media uproar over the ‘Vyapam deaths’, the Supreme Court transferred the case to the Central Bureau of Investigation. For nearly two years, the CBI seemed to sit over the investigation, forcing the Supreme Court to reprimand it on several occasions for the slow pace of the probe.[/vc_column_text][vc_column_text]The CBI’s stand can be interpreted as the agency’s claim that Digvijaya Singh and Vyapam whistleblower Prashant Pandey had submitted false documents to frame Chouhan as an accused in the case. If this is the case, then while Chouhan may now have reason to celebrate for being exonerated, both Digvijaya Singh and Prashant Pandey may be charged with tampering of evidence. Besides, Chouhan and the BJP could also initiate defamation and other criminal proceedings against Digvijaya Singh and Prashant Pandey.

Pandey has refuted the Central Bureau of Investigation (CBI)’s claim of the HDD not being doctored. “I copied the excel files from the HDD on the pen drive and that’s why they show a date of creation or modification after July 18. I have not seen the chargesheet filed by the CBI and therefore I am not in a position to comment on it in detail,” Pandey told APNLive, while insisting that “not a single document provided by me was tampered with”.

A political slugfest has already begun in Madhya Pradesh between the Congress and the BJP over the CBI’s chargesheet. While state BJP chief Nandkumar Singh Chauhan has claimed that his party would initiate relevant legal proceedings against Digvijaya Singh and Prashant Pandey for their “attempt to frame chief minister Shivraj Singh Chouhan on false charges in the Vyapam scam”, state Congress spokesperson KK Mishra has accused the CBI of “working under pressure of the BJP’s central government to bailout Shivraj”.

The political uproar over the supposed clean chit to Shivraj aside, the CBI’s chargesheet appears to be the result of a shoddy investigation as it doesn’t name several senior Vyapam officials under whose stewardship of the Professional Examination Board the scam was allowed to continue for several years. All three Vyapam officials who have been named as accused by the CBI – Nitin Mohindra, AK Sen and CK Mishra – were way down in the Vyapam hierarchy.

The chargesheet makes no mention of Vyapam director and controller of exams, Pankaj Trivedi, who hitherto was a key accused in the case and whose appointment itself was deemed as having been done by the state’s BJP regime in total violation of established rules. Trivedi, a close relative of BJP national spokesperson Sudhanshu Trivedi, was suspended from the post of Vyapam director after his alleged role in the scam came to light while an audit conducted by the MP Accountant General into the functioning of the Board had also highlighted major lapses on part f Trivedi, which the audit report had said were responsible for allowing the scam to take place. Yet the CBI has sought to not name Trivedi as an accused in its chargesheet which instead focuses on students who benefitted from the scam or the racketeers who functioned with clear support of the Vyapam administration to execute the swindle.[/vc_column_text][/vc_column][/vc_row]

India News

Parliament Winter Session to be held from November 25 to December 20

Kiren Rijiju, Parliamentary Affairs Minister affirmed that the government’s proposal to convene both Houses of the Parliament (Lok Sabha and Rajya Sabha) during this period was sanctioned by President Droupadi Murmu.

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Parliament Winter Session to be held from November 25 to December 20

The Parliament Winter Session will commence from November 25 and will conclude on December 20. The winter session will take place two days after the announcement of Maharashtra and Jharkhand Assembly election results.

Kiren Rijiju, Parliamentary Affairs Minister affirmed that the government’s proposal to convene both Houses of the Parliament (Lok Sabha and Rajya Sabha) during this period was sanctioned by President Droupadi Murmu.

Notably, the upcoming Winter Session will be the observance of Constitution Day on November 26, commemorating the 75th anniversary of the adoption of the Indian Constitution. Reportedly, the event will be celebrated in the Central Hall of Samvidhan Sadan in New Delhi, with members of both Houses gathering to honour the country’s foundational document.

Taking to X, Kiren Rijiju said that the President, on the recommendation of Government of India, has approved the proposal for summoning of both the Houses of Parliament for the Winter Session, 2024 from 25th November to 20th December, 2024 (subject to exigencies of parliamentary business). The Union Minister added that on 26th November, 2024 (Constitution Day), 75th Anniversary of the adoption of Constitution, the event would be celebrated in the Central Hall of Samvidhan Sadan.

In this session, raging discussions are expected to be held around two key legislative proposals: The Waqf (Amendment) Bill, 2024 and One Nation, One Election.

Previously, Union Home Minister Amit Shah had stressed on the importance of the Waqf (Amendment Bill), asserting that it would be addressed in the winter session. Addressing an election rally in Gurugram, the Home Minister said that they will resolve The Waqf Board law in the next session of the Parliament.

At present, a Joint Parliamentary Committee(JPC) is holding marathon meetings across various states to engage with stakeholders and address their concerns and build a consensus on the contentious bill.

Reportedly, the Centre might also look to introduce One Nation One Election Bill which will ensure simultaneous polls for Lok Sabha and state assemblies.

Prime Minister Narendra Modi during his Unity Day speech in Gujarat, said that the One Nation, One Election proposal, which aims to synchronise all elections in the country either on a single day or within a specific time frame, will be cleared soon and will become a reality.

The Prime Minister said that they are now working towards One Nation One Election, which will strengthen India’s democracy, give the optimum outcome of India’s resources and the country will gain new momentum in achieving the dream of a developed India.

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Kerala High Court quashes charges against director Sreekumar Menon in complaint filed by actor Manju Warrier

The court also noted a significant delay in the actor’s report of the alleged incident involving obscene language.

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Kerala High Court quashes charges against film director Sreekumar Menon in complaint filed by actor Manju Warrier

In a significant development, the Kerala High Court has quashed all charges against film director Sreekumar Menon in a case filed by renowned South Indian actress Manju Warrier. The criminal case lodged in 2019, alleged stalking and harassment by Sreekumar Menon against Manju Warrier.

Justice S. Manu, who presided over the case, found insufficient evidence to support the charges pressed against the film director. The charges included stalking under Section 354D of the Indian Penal Code (IPC), using obscene language under Section 294(b) of the IPC, and criminal intimidation under Section 509 of the IPC.

The Kerala High Court also noted a significant delay in the actor’s report of the alleged incident involving obscene language. The complaint, which was filed in 2019, mentioned an altercation that supposedly occurred in Dubai in December 2018. Furthermore, the Court pointed out that Section 188 of the CrPC mandates seeking Central Government permission for prosecuting offenses committed outside India.

The final report also included a charge under Section 120(o) of the Kerala Police Act. However, the High Court observed that this offense is non-cognizable, meaning the police cannot initiate a case without specific permission. Since the other charges were deemed unsustainable, the Kerala High Court ruled that prosecution solely under this section would not hold validity.

The case stemmed from a petition filed by Manju Warrier with the Kerala State Police Chief in 2019. The petition alleged stalking and harassment by Sreekumar Menon. Subsequently, the petition led to the registration of an FIR at the Thrissur East Police Station. 

Both film director Sreekumar Warrier and actor Manju Menon have enjoyed successful careers in the Malayalam film industry. Their collaboration on the film Odiyan, starring Mohanlal, marked Sreekumar Menon’s directorial debut. 

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Will not contest any election in future, have to stop somewhere: Sharad Pawar hints at retirement

The NCP leader said that he is not in power, and his tenure in the Rajya Sabha has one-and-a-half years left.

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Will not contest any election in future, have to stop somewhere: Sharad Pawar hints at retirement

Nationalist Congress Party (NCP) senior leader Sharad Pawar, 83, today hinted at retirement as he said he may not contest any more elections after his Rajya Sabha term ends in 18 months.

Sharad Pawar who formed the NCP in 1999 is widely regarded as the grand old man of Maharashtra politics. The veteran politician was speaking at his family stronghold of Baramati in western Maharashtra, which will see a Pawar vs Pawar contest in the November 20 Assembly election.

Addressing a rally, the NCP leader said that he is not in power, and his tenure in the Rajya Sabha has one-and-a-half years left. He continued that he will not contest any election in future, and that he will have to stop somewhere. He also thanked the voters of Baramati for making him an MP and MLA a staggering 14 times overall. Notably, a potential close of a nearly six-decade-long political career comes as the NCP and its allies – the Congress and the Uddhav Thackeray-led Shiv Sena group – contest this month’s election.

In this election, the fight for Baramati is being seen as a referendum on Sharad Pawar’s continuing influence over voters, since it sees his grandnephew, Yugendra Pawar, do battle against his nephew Ajit Pawar, whose led the rebellion last year that forced the NCP to split.

NCP leader Ajit Pawar is a five-time MLA from Baramati but, in each of his earlier wins, he had the backing of his uncle’s party. This will be the first assembly election in which he contests under his own banner.

The result of the election for the Baramati Lok Sabha seat, where the people voted overwhelmingly for Sharad Pawar’s candidate, his daughter Supriya Sule, underlines Ajit Pawar’s task at hand.

Speaking at Baramati, Sharad Pawar said that he holds no grudge against Ajit Pawar, adding that he led the people there for 30 years. However, he also said that it is time for him to prepare a young and dynamic leadership, which can take over for the next 30 years, apparently referring to Yugendra Pawar’s future position.

The veteran politician continued that he is not seeking votes, acknowledging that voters have always been magnanimous with all Pawar family members. He added that however, now they have to look ahead at the future.  

Notably, Sharad Pawar’s retirement from electoral politics has been circulating for some time now, and was raked up again in January by nephew Ajit Pawar, who had fought against and forced a split of his uncle’s party, leading the rebels into an alliance with the Bharatiya Janata Party and a faction of the Shiv Sena that had earlier broken away from Uddhav Thackeray.

At that time, Ajit Pawar hit out at Sharad Pawar for not sticking to a 2023 resolution to step down from the party’s top post. He said that some people simply refuse to retire. He continued that people should stop after reaching a certain age, but some are not ready, even after turning 80. Referring to his uncle, Ajit Pawar said that this person is not ready to retire.

Responding to this jab, Sharad Pawar said that he is neither tired nor retired, echoing late former Prime Minister Atal Bihari Vajpayee’s remarks. He questioned who they were to tell him to retire, adding that he can still work.

Last year in May, while the NCP was battling its internal crisis, Sharad Pawar announced his resignation as party boss. However, the announcement was unanimously rejected by top leaders. A few days later, he withdrew his resignation.

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