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| Court denies bail to BOSE ex-Secy | | | EARLY TIMES REPORT
JAMMU, July 29: Special Judge Anti-Corruption, Jammu, Sanjay Dhar today rejected the bail application of Bashir Ahmed Dar, ex-secretary of Board of School Education (BOSE) who was arrested by crime branch of police for his alleged involvement in ETT scam.
As per the report, FIR No 36/2013 for offences under sections 420, 468, 471 and 120-B of RPC read with section 5(2) of P C Act stands registered against him on the basis of an inquiry report of BOSE joint secretary which was forwarded to the respondent vide September 3, 2013 communication of the board chairman.
As per the inquiry report, Elementary Teachers Training (ETT) course conducted by ETT Institutes in the state is a huge scandal where money in crores exchanges hands as bribe. The report alleges that these institutes lure candidates and charge huge amounts ranging between Rs 45,000 to 80,000 from each student each year for two years course for providing degrees.
It is alleged that the concerned institutes do not fulfill the basic norms and standards as laid down by National Council for Teachers Education. It is also alleged that some BOSE officials/officers have entered into a criminal conspiracy with management of these institutes and have fraudulently granted affiliations/permissions to these institutes in gross violation of the norms in order to confer undue benefits upon the owners of these institutes by abusing their official position.
As per the report, the investigation has revealed that permissions for setting up of ETT Institutes in Jammu and Kathua district, during the year 2002-2003, have been given by Board of School Education without framing any rules, regulations and norms. It has also been revealed that a number of permission letters have been issued by accused Bashir Ahmed Dar, then Director Academics of the Board and R K Jalali, then Deputy Secretary Academics of the Board. On the basis of these allegations, offences under sections 420, 468, 471 and 120-B of RPC read with section 5 (2) of P C Act are stated to have been prima case established against Bashir Ahmed Dar who was arrested on July 23 last.
The judge, after hearing the two sides, observed that a perusal of the case diary reveals that investigation of the case is at its inception. Although FIR in this case was registered in 2013 yet it appears that Investigating Agency had done precious little until High Court vide its various orders nudged the Investigation Agency to take action. Besides accused, involvement of other BOSE officers/officials has also surfaced and investigation in this regard is still in progress. The concession of bail if extended to the accused at this stage is certainly going to hamper the progress of investigation in this regard. The prayer for grant of bail to accused, therefore, appears to be premature. Even otherwise, if he is admitted to bail at this stage, the same will not be in the larger interest of the public. As already noted, owners of a large number of institutes and BOSE officers appear to be involved neck deep in the case at hand. The magnitude of fraud appears to be colossal in nature. So far as health condition of accused is concerned, from the copies of medical reports, it appears that he had undergone heart surgery in 2013. Medical reports further reveal that he is diabetic. The question arises whether on this ground alone the accused is entitled to grant of bail. Section 497 of CrPC does provide for concession in the matter of grant of bail for a sick or infirm person. However, the court, while extending this concession to an accused, has to take into account the seriousness of his ailment as also the attending circumstances. In the present case, although there is material on record to suggest that accused has history of heart ailment and diabetes, there is nothing on record to show that he, at present, is suffering from any such ailment that would pose any imminent danger to his life. In fact, his recent medical reports, which are on record of case diary, show that he is in fit state of health. Merely because he is a heart patient and wants to be in congenial atmosphere of his home, is no ground to enlarge him on bail. With these observations, the court rejected his bail application.(JNF) |
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