Vyapam scam pits one SC Bench against another

R Sedhuraman

Legal Correspondent

New Delhi, August 30

A two-member SC Bench headed by Justice J Chelameswar today passed an order in the MP Vyapam scam case, questioning the wisdom of a three-member Bench headed by Justice JS Khehar.

A Bench comprising Justices Chelameswar and Abhay Manohar Sapre had delivered a split verdict in the Vyapam case on May 12, 2016 over the fate of 635 medical students who were beneficiaries of the scam. While Justice Sapre had favoured removal of these students, Justice Chelameswar had opined that they could be allowed to continue subject to their meeting some conditions. In view of this, the case was referred to Chief Justice of India TS Thakur for placing it before a larger Bench.

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The CJI constituted a three-member Bench for the purpose. This Bench passed an order on July 28, seeking a clarification from the two-member Bench whether it should hear the entire case afresh or only the aspect on which there was a difference of opinion.

“Our attention was invited to the mandate contained in Article 145(5) of the Constitution, so as to suggest, that the entire controversy need to be heard afresh,” the larger Bench had remarked.

In today’s order, the smaller Bench took strong exception to this remark: “We completely fail to understand the reference made to Article 145(5) of the Constitution in the order dated 28th July, 2016.

“A re-hearing of the entire matter as apparently suggested to the larger Bench, in our opinion, would amount to an intra-court appeal,” it said.