2009 Education job scam: Meghalaya HC directs trial court to proceed with examination of witnesses

Syllad | The Rising MeghalayaFebruary 20, 2025

The Meghalaya High Court on Thursday directed the trial court to proceed with the examination of witnesses in the 2009 infamous education job scam unearthed by the central bureau of investigation (CBI).  

The order was passed by the bench headed by the Chief Justice IP Mukerji after hearing a criminal case involving three accused that include a serving minister in the MDA government, Ampareen Lyngdoh.

Lyngdoh, who is currently the health minister, and other officials are accused of illegally manipulating and subverting the process of selection and appointment of Assistant teachers in Lower Primary School, Government of Meghalaya in the year 2008-09.

The investigation of the case, (PS Case No.62(07)2011, under Sections 120B, 167, 466, 408, 34 IPC) was entrusted with the Central Bureau of Investigation (CBI) for investigation by the High Court.

In its order, the Court said that the petitions filed by the accused are on various grounds. The ground made out by the first accused, who is n Minister of this State is that the charge-sheet does not disclose any offence.

“By my order dated 9th December, 2024, I had indicated the desire of the Court for early disposal of the criminal case. This Court had inter alia, observed that the prosecution had a long list of 162 witnesses and that it would serve the ends of justice if this list was cut short. Amongst other things it could facilitate early conclusion of the proceedings,” chief justice said in his order.

It was left to the CBI to take a decision on the issue and the criminal court to consider further examination of witnesses till that decision was made by CBI. It appears that such decision is pending.

In the meantime, around 21 witnesses for the prosecution have been examined.

The counsel for the accused had submitted that the number of witnesses proposed to be examined by CBI has now crossed 400, which fact learned Deputy Solicitor General is unable to confirm today.

“It goes without saying that this exercise of examination of witnesses is subject to the result of the applications under Section 482 of the Criminal Procedure Code made by the accused for quashing of the criminal proceedings. It is also submitted that the learned trial court has fixed 3 rd, 4th, 5th, 6 th and 7 th March, 2025, for further examination of the witnesses for the prosecution. This Court directs that the learned trial court may proceed with the examination,” the CJ directed in his order.

He further directed, “The CBI should indicate to the learned criminal court whether it would go ahead with the examination of all the witnesses or with a limited number or seek further time to consider whether to produce the current list of witnesses or a truncated list. If the CBI has taken a decision the learned trial court shall proceed. If it seeks further time to take a decision on the issue, further examination of witnesses after examination of the witnesses already in the box shall be kept in abeyance till the decision is made by the CBI.”

In the meantime, the Court has decided to hear out the applications of the accused under Section 482 CrPC along with the application under the same provision made by the CBI on March 11.