| BOPEE scam: Court denies bail to Peer, 16 others | | | Early Times Report
SRINAGAR, Feb 22: The Special Anti-corruption court here today rejected bail to 17 accused including the former chairman of Board of Professional Entrance Examinations (BOPEE), Mushtaq Ahmad Peer, who allegedly engineered the scam involving selling of Common Entrance Test papers before the scheduled examination in 2012.
"The accused/petitioners have failed to carve out a strong case for bails in their favour, therefore the arguments rendered by counsel representing them being legally unsustainable, are repelled, rejected and discarded," Special Judge Anti-Corruption Kashmir, Mohan Lal Manhas said while rejecting the clubbed bail applications.
The court held that the case is of great public importance and that the accused have murdered the merit of the meritorious students.
"After due completion under rules, these shall form part of main challan," the court added.
Apart from Mushtaq Ahmad Peer, the court disallowed bail plea of one of the brokers in the scam, Sajad Ahmad Bhat, six beneficiary students while remaining absent include parents.
The students whose bail application was rejected include Mushtaq Ahmad Lone, Yasir Yousuf Dar, Khursheed Ahmad Dar, Yasir Yousuf Hajam, Naveed Ahmad Bhat and Ahmad Faraz.
Others include Bilal Ahmad Vaid, Ghulam Mohi-ud-Din Lone, Mohammad Yousuf Dar, Bashir Ahmad Dar, Abdul Qadir Rather, Ghulam Nabi Bhat, Farooq Ahmad Shah, Mohammad Shafi Bandh and Mohammad Iqbal Reshi.
The BOPEE has already cancelled the admission of the six arrested accused as well as six remaining, three of them minors (below 18-years).
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.
This is for the second time that the Court has rejected bail applications of Mushtaq Ahmad Peer and Sajjad Ahmad Bhat, who were arrested on November 15.
While rejecting his first bail application, the court had made strong observations, saying that Peer like "Caesar's wife, was required to be above suspicion and must have discharged his duties with honesty as chief of JKBOPEE."
"Accused was holding public office. His function was one of the essential functionaries of the state. In discharge of his functions and duties, he was representing the state," the Judge had said.
The court had 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 had said.
In its objections, the Crime Branch had maintained if the accused is released on bail, he will definitely jump over the bail and will try to win over the prosecution witnesses "being a power person."
Meanwhile, the court extended police remand by three days to Jan Mohammad Dar, one of the fresh arrestees in the case. |
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