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| BOPEE scam: HC castigates CBK for slackness in arresting 17 absconders | | | Early Times Report
SRINAGAR, May 23: Jammu and Kashmir High Court today castigated Crime Branch for its slackness in arresting 17 absconders in multi-million cash for paper scam of Common Entrance Test 2012. Passing directions in a suo-moto Public Interest Litigation, a Division Bench of the court comprising Chief Justice MM Kumar and Justice Hasnain Massodi observed in order on March 20 this year, they had observed, based on a status report by the Crime Branch Kashmir that no steps were taken to apprehend absconding accused against whom charge sheet stands filed before the anti-corruption judge Srinagar.
"The situation as on date as revealed in the affidavit and status report filed on 15-5-2014 by Mir Aftab Alam, the investigating officer, does not show any improvement. In fact in para 2, it has been stated in unequivocal terms that 17 persons continue to be fugitive and are absconding. The excuse for slow motion given in affidavit is that election has intervened which has slowed the pace of investigation," the court said.
"We are left with the impression that there is some slackness on the part of the investigation agency in tightening the noose around those who are absconding," the court said, observing that the Crime Branch has been issuing notices to various departments where some of the wanting persons are serving as if they are dealing with an ordinary accused where notice is required to be served under section 160 of CrPC. "In respect of the report filed by Forest, Education and PDD, the situation is even worse," the court said and directed all the codal provisions should be pressed into service to arrest these 17 absconders by tightening the noose so that the society at large may feel that justice is been done to those who are law abiding.
"In admission matters, students of impersonate age are struggling and working hard to enter prestigious educational institution for their MBBS or engineering. The parental pressure and societal pressures work on their psychology and as has been reported in the press, they resort to finish their lives and this must be realized by all those who are associated with the investigation of the case and ensuring that accused do not go scot-free," the court said, directing that Crime Branch to avail all necessary steps in the form of availing the procedure which deals with attaching property of absconding accused, their bank account and their salary in order to ensure that they are subjected to criminal law of the state.
"The departments like Forest, Heath, Educational and PDD or any other department shall ensure that disciplinary action in accordance with law is initiated against them as per the provision of law." It also directed the status reports by various departments where the absconders are serving shall be filed through DDOs whether such officers are drawing salary from March 2014 till date so as to reveal whether they were present in departments or not.
"We hope and trust that the investigation in the scam in respect of 2009, 2010 and 2011 is also carried religiously and strictly in accordance with the provisions of law" In another direction, the court said that anti-corruption court in respect of challan may take the matter serious and should give desired priority by expediting the trial without granting long adjournments. It shall submit fortnightly report to Registrar Judicial of the High Court, the Division Bench said. |
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