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| HC pulls up BOPEE, asks CB to speed up probe | | Paper scam | |
Early Times Report
SRINAGAR, Feb 6: A Division Bench of Jammu and Kashmir High Court has asked Crime Branch of Police to speed up its investigation into multi-million cash for paper scam even as it pulled up the authorities of Board of Professional Entrance Examination over its handling the issue regarding 12 beneficiaries identified by the investigating agency.
Hearing a suo-moto Public Interest Litigation, the bench comprising Justice Hasnain Massodi and Ali Mohammad Magrey also directed the Crime Branch to make a serious effort to unveil the beneficiaries of the fraud other than candidates already identified by it to have wrongfully managed their admission in professional courses.
"The investigating agency is to realize that what has been unraveled till date may be the proverbial tip of the iceberg and it may have to extend its investigation to the academic years 2011, 2010 and 2009 or even there-before, once it is done with the Investigation relating to year 2012," the court said
Regarding the mode adopted by BOPEE authorities to send the show cause notices to the beneficiaries through Principal Government Medical College, the bench said, "There was no reason for BOPEE to send the notices to Principal GMC for their services. The BOPEE, had it any will to act, had a number of options available to ensure immediate services on the candidates."
"One of the options available to it was to get the notices published in leading newspapers. It could have even also used electronic media to reach the candidates or serve notices through special messengers or by speed or registered post."
The BOPEE, the Division bench said, did not require any instructions and those at the helm of affairs were required to use administrative skill to ensure that the notices were served with due dispatch.
"It was to be realized that the endgame was not the mode and manner in which notices were to be issued but to make the candidates aware about the contents of the notice and offer them an opportunity to respond to the notice, if so advised," the court said, adding, "The Board authorities have instead proceeded in snail's pace and the result is delay in compliance of the court directions."
The court also made it clear that nobody should be or can be allowed to reap the fruits of fraud and whoever has secured admission in a professional college through deceitful and fraudulent means is to be de-seated.
"The Board, therefore, shall take immediate steps to serve notice included in list no. 1 and list no. 2 including nine candidates likely to be presented during course of the week and take a decision in the matter in accordance with law without any further delay." The bench also directed all the telecom companies to extent full cooperation to the Crime Branch. The direction by the bench followed submission by the Crime Branch that non cooperation by the companies was adversely affecting its investigation.
"Concerned officers of BSNL, Airtel, Aircel, Vodafone and Reliance were approached afresh by the investigating agency for furnishing the call detail records (CDR) and other documents of some important call numbers which are very vital to the unearthing of the nexus," the Crime Branch said.
The investigating agency said the companies were served with notice under section 94 CrPC on January 22 to provide the call details. However, it said, some of them responded with the "unusual excuse" of being not in a position to furnish the call details beyond one year. "The BSNL authorities did not respond to the fresh request at all," the Crime Branch said, underling that the non-availability of CDRs was "adversely affecting" the investigation and "may hamper the investigating agency to lay hands on any left out candidates, if not linked by other available evidence."
The court also requested the Special Anti-corruption Judge Kashmir to immediately dispose of an application filed by Crime Branch seeking for pardon to one of brokers--Farooq Ahmad Itoo to enable him to ne an approver in the case.
The division bench directed the Crime Branch and BOPEE authorities to file status reports before next date of hearing on February 18. |
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