The Hush Post: Days after the outburst by the four senior-most judges against the Chief Justice of India, Justice Dipak Mishra, the Central Bureau of Investigation FIR alleges that the Chief Justice of India, Justice Dipak Mishra was an ‘interested party’ in the case pertaining to the admissions to the Prasad Medical Education Trust, Lucknow. The Bench was headed by Chief Justice Dipak Misra and he shouldn’t have dealt with the case either, and at any level. So much so that he shouldn’t have been part of assigning the case to a particular bench. Right now, though, there is not any evidence of Justice Dipak Misra’s involvement, the scenario and circumstances are suggestive of a detailed inquiry into the entire gamut of accusations.
Pertinently, Prasad Medical Education Trust, Lucknow was barred by the government from admitting students due to sub-standard facilities after which they filed a writ, first in the Allahabad High Court and later in the Supreme Court. In the SC at the time when Justice Chelameswar was hearing the case, Justice Mishra transferred it to another Bench.
A transcript of the talk between former Orissa High Court judge Justice IM Quddusi, Vishwanath Aggarwala and later on BP Yadav clearly is quite revealing. In the later part of the conversation which took place on September 4, 2017, of which, below is the transcript, it becomes clear that a conversation is about the exchange of money (parshada) for something. In the transcript, Aggarwala and Yadav adhere to the code language where they use the word parshada seemingly for money. However, towards the end of the conversartion Yadav runs out of patience and he substitutes the word prashada with advance. Replying to it, Aggarwala also replies back using the word advance instead of parshada.
Here is a transcript of the various conversations which took place in Hindi (but transliterated into English). The transcript is the one attached to advocate Prashant Bhushan’s complaint.
The conversations took place on September 3 and 4, 2017. Here is one part of the conversations which took place on September 3, 2017 between Justice IM Quddusi, retired judge of Orissa High Court and ‘middleman’ Viswanath Agarwala…..
Agarwala: In which is theirs, in which temple (mandir) is it – temple of Allahabad or temple in Delhi?
Quddusi: No, no it is not in any temple yet…it needs to be.
Agarwala: Yes, yes, yes. So now you can talk about it, he will do it. About that I have already spoken there.
Quddusi: He has said, sure (pucca)
Agarwala: Yes, yes. In this you see this one thing…100 per cent this, our person who is our Captain, it is being done through the Captain, so what is the problem, tell me?….
Here the conversation ends. Next day on September 4 there is yet another conversation between the two.
The transcript is as follows:
Quddusi: OK, so tomorrow is our meeting.
Agarwala: Now only one thing Father (Papa) is saying, one thing he is saying that this Captain of ours…is all over India, whatever work there is whatever he can do, he is ready to do.
Agarwala: Yes, yes yes, we will surely (pucca) get it done.
The complaint filed by Prashant Bhusan and the Campaign for Judicial Accountability and Reforms suggests that the writ filed by the Prasad Education Trust was admitted 24 hours after the conversation took place by a bench headed by Chief Justice of India Dipak Misra. (Is the reference of this Captain all over India, a reference to the Chief Justice, is a million dollar question).
The remaining conversational intercepts of September 4 suggests that a third player BP Yadav of the Prasad Education Trust also joins in. They talk about the petition being admitted on some Monday– September 11, 2017. The matter was actually heard by a bench headed by the CJI Justice Mishra on September 11.
The transcript further says:
Quddusi: I am saying that I have someone I know from before.
Quddusi: They are saying they filed their petition today and they have been given a date for Monday. They are saying how much and how will it be and secondly, how will they have faith (vishvas) that the work will be done for sure.
Agarwala: Are these those medical people?
Quddusi: Yes yes.
Agarwala: So the date is listed for the coming Monday?
Agarwala: So that is the review, yes?
Quddusi: No, it is a petition under Article 32.
Agarwala: Yes, yes, yes. There is no assurance. If the goods are given, then the work will be done 100 per cent.
At this point, BP Yadav comes into the conversation.
Yadav: Did you recognise me? I am DP Yadav speaking.
Yadav: So that day I had gone to the high court because, see brother, at that time my money was stuck. I spoke in a clear cut manner. That’s why we went. From there they gave an order. After coming here, they dismissed it. They said to file a fresh petition so a fresh petition has been filed under Article 32. It had a date, the date has been pushed to the 11th. So what we want is that tomorrow we will make your ticket, Vishvanathji I will give it to you now you get our work done for us.
Agarwala: No, the work is not 100 per cent but 500 per cent guarantee but the goods (samaan) will have to be give before and they are refusing to meet because the Government that is there—-tea sellers Government (chai wale ka) —- they are keeping everyone under watch, that is the problem.
Agarwala: I will confirm it otherwise I would not have have said it, because we are doing this work….it is very necessary for the trade. Medical people are necessary, there is no problem with that. But see there are some people there who without giving (lagaye) parshad nothing will happen.
Yadav: No, parshad will be given (lagega); parshad will be given; parshad will have to be given.
Agarwala: work will be done 100 per cent but I will not go to speak tomorrow or the day after…you keep the goods (saamaan) ready…if you give, we will get it done…100 per cent we will get it done…there is no problem.
Yadav: Meaning advance will have to be given.
Agarwala: Yes, advance will have to be given to them. Otherwise tell, why will they do it? In such things there is nothing in writing (likhat padi). All this runs on faith (vishwas) in the world. They will do it 100 per cent. ( Transcript –as it appeared in The Indian Express)