Is the CBI defaming judges or does it have any evidence?

A section of the media have quoted unnamed sources within the Central Bureau of Investigation (CBI) saying that the agency has 80 taped conversations between suspects, in some of which they speak of bribing some sitting high court and Supreme Court judges in the unfolding ‘judge-bribing scandal’ that threatens the credibility of the higher judiciary.

CBI sources are also quoted as saying that just because the names of judges figure in the conversation does not mean that they took money. It is possible that the suspects were trying to make money by misusing the names of judging without their knowledge.

Lawyer activist Prashant Bhushan, however, tweeted on Sunday saying that names of judges figuring in conversations would be enough reason to investigate their role.

“The phone recordings with the CBI in the medical college bribery case mention names of Apex Court judges who were to be bribed. Does not mean that they agreed to take the bribes. But can they say they can deal with the case involving this Investigation?” , he tweeted.

The lid on the case had come off in August this year when the Central Bureau of Investigation (CBI) had first held and then hurriedly released a senior journalist working with India TV. The influential journalist, whose daughter’s wedding was attended by the Prime Minister and BJP national president Amit Shah, had quickly resigned from India TV. Hindustan Times had then quoted anchor and promoter Rajat Sharma as saying that he had zero tolerance for wrongdoing when asked about circumstances under which his senior associate had resigned. The senior journalist hailed from Lucknow and is believed to have been close to senior BJP leaders.

In September, the CBI arrested six people including a retired Orissa High Court judge to enable private medical colleges to admit students despite refusal of the Medical Council of India to recognise the colleges and refusal of the Union Health Ministry to allow them to admit students.

The agency arrested retired high court justice Ishrat MasroorQuddusi, BiswanathAgrawala, owners of a private medical college - BP Yadav and Palash Yadav and a hawala operator Ram Dev Saraswat besides Bhawna Pandey. The agency had earlier booked them under charges of criminal conspiracy of the Indian Penal Code and Prevention of Corruption Act. Both Quddusi and Pandey, a socialite with political contacts at the highest level, resided in Greater Kailash I area of South Delhi.

After registering an FIR against Quddusi and the other accused, the central agency had conducted raids at eight locations in Delhi, Lucknow and Bhubaneswar. A report in The Times of India had claimed : “ Quddusi has been accused of not only legally guiding the functionaries of private medical college but also assured favourable settlement of their case in the Supreme Court.”

The FIR lodged by the CBI stated:

“Information further revealed that Prasad Education Trust filed a Writ Petition (Civil) No. 797/2017 in the apex court. Shri B.P. Yadav, in furtherance of the said conspiracy requested Shri I.M. Quddusi and Smt. Bhawana Pandey who assured to get the matter settled in the apex court through their contact and they further engaged Shri BiswanathAgrawala, a private person, r/o HIG-136, Phase 1, KananVihar, Chandrashakerpur, Bhubaneshwar, Odisha, for getting the matter settled in the apex court. Shri BiswanathAgrawala claimed very close contact with senior relevant public functionaries and assured that he would get the matter favourably settled. He, however demanded huge gratification for inducing the public servants by corrupt and illegal means in lieu of the aforesaid help”