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| Peer challenges Crime Branch authority to investigate BOPEE scam | | | S Sabaqat
Srinagar, Dec 2: Former chairman of Board of Professional Entrance Examinations (BOPEE), Mushtaq Ahmad Peer today challenged authority of Crime Branch to investigate the paper selling scam under Prevention of Corruption Act.
The ex-BOPEE chief has been booked in case FIR 24/2013 Under Section 420, 120B RPC, 5(2)d r/w (5(2) PC Act of Police Station Crime Branch. As the hearing in the bail application of Peer started before Special Judge Anti-Corruption Kashmir, Mohan Lal Manhas, counsels representing him advanced arguments about the jurisdiction of Crime Branch to investigate the CET paper selling scam.
"Crime Branch has no authority to investigate the case under 5 (2) of PC Act," his counsels said.
Apart from challenging the authority of the Crime Branch, the counsels sought the the bail on health grounds, saying that Peer is a cardiac and diabetic patient.
"The Investigation agency is creating rather than collecting evidence against him," they added, claiming that there is a conspiracy to malign his image. Rebutting the arguments, CPO Crime Branch Khalid Ahmad referred to an SRO by virtue of which Crime Branch has been created. "Crime Branch is a police station within the provisions of Criminal Procedure Code and as such it can investigate all the cognizable offences by the public servant," he said. To Peer's contentions about health condition, the CPO said that the Crime Branch is providing better health care to him.
"We will provide him best medical care available in the Kashmir valley. In case need arises, we will taken him to SKIMS also," he said After partly hearing the arguments by the CPO, the court posted the case for further arguments on December 4.
"The Investigation has established that the accused has committed a grave and serious offence which led to the selection of undeserving candidates for undergoing MBBS course. The accused on account of the gravity of the offence is not entitled to claim the bail,' the Crime Branch said.
"The investigation of the case is in progress and releasing the accused will cause prejudice to the investigation because there is every likelihood of destruction of prosecution evidence by the accused which is yet to be collected by the investigating agency," the CB said while opposing the bail.
Further, the crime branch said, If the accused is released on bail, he will definitely jump over the bail and will try to win over the prosecution witnesses.
"The accused is involved in an offence which has been committed by the accused against the public at large. The Hon'ble court while considering the application of the accused is prayed to keep in faith of the public in the administration of the justices, if the accused is released on bial the faith of the public in the administration of the justice would be shaken."
The crime branch said that Peer has not so far cooperated with the investigation agency and is not divulging the actual facts which led to the commission of the offence.
"The accused being in exclusive knowledge of the facts regarding hatching of the conspiracy, as such is required to be examined to know the actual facts which led to commission of such a heinous offence," the Crime Branch said, adding, "This is a mega scandal of Board of Professional Entrance Examination where the confidence of Public especially the confidence of hard working - students has been shaken."
The Crime Branch said that there are number of suspected candidates whose links are missing and the accused is not cooperating with the investigating agency and has not so far disclosed the names of such other brokers, who had got the question papers from the accused and as such has more questioning is required for unearthing more facts.
"The accused has not only given a bad name to a sacrosanct institution but has also also murdered the faith and trust of people. He has hurt collective conscience of the people of valley and has brought disrepute and disgrace to a sacred house."
Peer was arrested on October 23 for his alleged involvement in paper selling scam in common entrance test.
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