Early Times Report
Srinagar, July 2: Taking serious notice of failure of crime branch to arrest absconding accused in high profiled BOPEE Scam, a Division Bench of Jammu and Kashmir High Court pulled up Crime Branch (CB) Kashmir for failure to arrest 15 absconding accused and directed Inspector General of the CBK to watch the investigation into the multi-million paper scam in Common Entrance Test 2012.
While hearing a Public Interest Litigation (PIL), a Division Bench comprising Chief Justice M M Kumar and Justice Hasnain Massodi said, "In the last order, we have issued various directions. Out of 51, 17 accused are found absconding. From 23rd of May 2014, till date only two accused have been arrested and 15 of them are still large."
On behalf of the Crime Branch, Advocate General apprised the Division Bench that property of some of the accused has been attached.
"As sample, we examine the attachment order of the property pertaining to Mushtaq Ahmad Kinoo, the attachment order shows, that some land belonging to Kinoo has been attached. He is an eminent businessman and nothing has been pointed out with regard to his business concern or his bank account. We presume that similar situation must be prevailing in other cases," the court observed.
Referring to previous hearing in this PIL, court said, detailed directions were passed bringing to the notice of investigating officers various mechanism available in criminal procedure code could have been used for ensuring the arrest of any absconding accused.
"However, apart from attachment, no other mechanism has been used. Why it has happen cannot be left to the imagination because it appears that out of 51, the 15 who are still at large must be wielding some type of influence. We accept the suggestion by amicus that IG Crime should be asked to exercise overall supervision in the case so that any extraneous influence in execution of arrest warrants is effectively checked."
In respect to investigation in CET 2009, 2010 and 2011, a status report filed by the Crime Branch, court observed, suggests that some evidence has been unearthed in respect of admission made in the year 2010.
"In 2009 and 2011, there was no evidence, therefore the investigation agency is to close the investigation. We are unable to appreciate how investigation in respect of admission made with respect to 2011 could be closed when the evidence is readily available in respect to admission made in year 2010," the bench said.
On behalf of investigating agency, Advocate General sought some time to collect evidence in respect of year 2009, 2010 and 2011 and fresh report accordingly shall be submitted. Meanwhile court directed the Cellular companies namely BSNL, Vodafone, Airtel, Aircel and others to cooperate by furnishing information required by the Investigating Officer (I/O).
The Crime Branch also submitted that it has forwarded a list of four more beneficiary students to BOPEE for cancellation of their admission.
"We are examining the documents and pass orders accordingly," BOPEE counsel told the court.
Meanwhile the court has sought the status report in regard to four beneficiaries and directed the concerned to file the same within two weeks. |
