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Will Peerzda be ever brought to book?
Examgate 2012
2/16/2015 12:18:05 AM
Peerzada Ummer

Early Times Report

Srinagar, Feb 15: The case against senior Congress leader and former Haj and Auqaf Minister Peerzada Sayeed for resorting to fraudulent means to help his foster son pass the tenth class examination is gathering dust in the government files with no action taken so far.
It was found that the then education minister Sayeed's foster son was found resorting to fraudulent means to pass his 10th class board exams.
Peerzada's son had allegedly made the Jammu & Kashmir State Board officials write his papers. The then Congress minister was accused of facilitating his son's qualification in the 2009 matriculation examination through unfair means and impersonation.
The Crime Branch here had registered a case against the minister's son and few board officials. It was established beyond doubt that the papers of the former minister's son were written by someone else.
"The preliminary report prepared by the vigilance squad of the Board of School Education (BOSE) at that time had clearly mentioned that an academic officer found an examinee, bearing roll number 228211, copying during the inspection at centre number 228 (Al Ameen School). The student was the then education minister Sayeed's son. The report also had stated that the then deputy director (academics) was assisting the examinee and his Urdu and mathematics answer sheets were written by different persons.
On February 21, 2012 Jammu and Kashmir's anti-graft body State Accountability Commission (SAC) issued a notice to Peerzada Sayeed and sought the police report from the state government.
SAC, comprising Chairman Justice Y P Nargotra and Justice Hakim Imtiyaz Hussain, issued the notice to Peerzada to appear in person or through counsel before the Commission.
The Commision directed that authenticated copy of the inquiry report from the Principal Secretary (Home)of J & K government, which was submitted to him by the State Crime Branch relating to the matter, be given to it.
Then Chief Minister Omar Abdullah had also ordered a probe by the Crime Branch into the irregularity.The Crime Branch had submitted the report to the government on February 7, 2012.The Crime Branch had indicted Imam Sauban, the foster son of Peerzada as they found alleged irregularities in the answer sheets of Urdu in 10th examination which he had passed. Sauban had passed his Class 10 exam in 2009 allegedly with the help from Board of School Education officials.
Following the report, Peerzada had sent in his resignation to the Congress chief Sonia Gandhi from the council of ministers. Peerzada later claimed Sonia Gandhi had not accepted his resignation and asked him to continue.
On February 25, 2012 merely four days after the SAC issued a notice to Peerzada Sayeed, the High Court stayed the State Accountability Commission's proceedings against former Education Minister, Peerzada Muhammad Sayeed in Examgate scandal.
Justice M. A. Mir, of Jammu and Kashmir High Court admitted the writ petition filed by Peerzada challenging the SAC order wherein it had asked him to appear before it on March 2. The SAC while taking suo-moto cognizance of the copying scam had started probe into the allegations involving Peerzada, who was accused of helping his foster son qualify matriculation examination by using unfair-means. Counsel for the petitioner contended that SAC cannot expand its jurisdiction by framing a regulation contrary to the SAC Act 2002 and the rules framed there under.
It was further submitted that a definite procedure has been provided under the Act for filing a complaint which has to be supported by an affidavit of complainant.
It was also contended that section 24 of SAC Act, 2002 provides penalty for false and vexatious complaint and in case the present proceedings are found to be baseless, SAC shall not be in a position to remedy the damage caused to the petitioner.
It was further argued that section 21 of SAC Act 2002 provides submission of final reports regarding complaints enquired into by the Commission. Thus if suo-motto jurisdiction is conceded then all these provisions shall become redundant. SAC had filed caveat through senior counsel Sunil Sethi and opposed the petition.
The SAC had asked the then minister to appear in person before the Commission on March 2, besides directing its own office to seek, from the Home Secretary, "authentic copy" of the inquiry report on the matter submitted by the Crime Branch.
The Commission lawyer had pleaded before the court that Peerzada should personally appear before it, but the Court rejected his plea. Though the court stayed the proceedings, the neither the then coalition government nor the Congress party took any action against Sayeed. Contrary to this, Sayeed was accorded mandate from his Kokernag constituency during the state elections 2014 which he lost.
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