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| BOPEE scam: Court reserves order on Peer's bail till Dec 17 | | Tainted former Chairman explores legal technicalities to secure release | | S Sabaqat
Srinagar, Dec 9 : A local court here today reserved order till December 17 on a bail application by former chairman of Board of Professional Entrance Examinations (BOPEE), Mushtaq Ahmad Peer who is presently in judicial remand in connection with the selling of Common Entrance Test papers last year.
The court of Special Judge Anti-Corruption Kashmir, Mohan Lal Manhas, reserved the order after hearing advocate Farooq Ahmad Kathwari, representing Peer and Chief Prosecuting Officer Khalid Muzaffar for Crime Branch.
The former chairman has entirely limited his bail application to the competence of Crime Branch to investigate the case under Prevention of Corruption Act. As the arguments in the case started this afternoon before the court, Peer's counsel referred to law in support of his contention that Crime Branch has no jurisdiction to investigate the case. Referring to SRO-202, advocate Kathwari said, that even though Crime Branch Kashmir has been declared a Police Station, it can only investigate specific cases and not those which fall under PC Act. "It is for Vigilance Organization to investigate the case under 5(2) PC Act and not Crime Branch," he said, demanding the court to enlarge Peer on bail.
"My client should be admitted to bail and court may pose any condition for it. My client places himself at the mercy of the court and he undertakes to cooperate with the investigation," he said.In his arguments, CPO said that under SRO-202, Crime Branch is empowered to investigate all the "cognizable offence" under 156 CrPC against a public servant.He also confronted plea regarding exclusive jurisdiction of Vigilance Organization to investigate the case.
"There is no rider in Prevention of Corruption Act. Rather the Act gives a procedure as to which officer can investigate the case. Section 3 of the Act is very much clear that the investigation would be conducted by an officer above or equivalent to Deputy Superintendent of Police and, as has been seen by this court while perusing the case diaries, investigation is being done by the DSP ranked official," he said.
Besides, the CPO said, Crime Branch can investigate all the case which may be referred to it by the government or the Director General of Police from time to time. "This case has been referred to the Crime Branch by the government," the CPO said urging the court to reject Peer's bail on the jurisdictional point.
"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 crime branch said while seeking dismissal of his bail application. Arguments in the bail application moved by Peer will resume before the court on Monday."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 had said.
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. After hearing both the sides, the court reserved the orders in the case till December 17. The ex-BOPEE chief was arrested on November 23 and 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. |
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