S Sabaqat
SRINAGAR, Dec 17: A local court here today rejected bail to the 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.
"This is a fittest case where jail and not bail is the appropriate remedy at this stage," the court of Special Judge Anti-Corruption Kashmir, Mohan Lal Manhas said while rejecting the former BOPEE chairman's application based on single point whether the Crime Branch of the police has the jurisdiction to investigate the offence under the Prevention of Corruption Act 2006.
Mushtaq Ahmad Peer 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.
"The Investigation in the case is at its threshold. There is reasonable possibility of accused absconding at trial and tempering with the prosecution evidence if admitted to bail," the court said.
The court has also made strong observations in the case, saying that Peer like "Caesar's wife, was required to be above suspicion and must have discharged his duties honesty as chief of JKBOPEE."
"Accused was holding public office. His function was one of the essential function of the state. In discharge of his functions and duties, he was representing the state," observed the Judge in the order.
He said the former professor was holding office of Chairman BOPEE for selecting meritorious MBBS students as 'office of public trust,' and was required to exhibit himself to be a person of impeccable integrity, unimpeachable character, honest to the core with the high moral values.
"The standard of conduct to be exhibited by him was much higher than an ordinary man. There can be no excuse that since the standards in the society have fallen, accused who is also drawn from same society cannot be expected to have high standards and ethic fairness," the court said, adding, "Accused/applicant like Caesar's wife was required to be above suspicion and must have discharged his duties with integrity, impartiality and intellectual honesty."
But in the case in hand, court said, reverse has happened as accused by indulging in 'mega paper selling scandal' for monetary considerations, has exhibited a character unacceptable to the society. "His enlarging on the bail at this stage, would surely shatter the confidence of the people in the society whose interests are involved in the case. This is a case of high public importance."
The court said that human life is more precious than anything else, underlining that it is the most noble and pious profession as it's directly concerned to save the lives of human beings in the society. |
