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| SI paper leak scam: Court rejects CMO’s bail plea | | |
EARly Times Report
Jammu, Oct 27: In a much publicized SI paper leak scam, Chief Judicial Magistrate Jammu Amarjeet Singh Langeh today rejected the bail application of Dr. Karnail Singh presently posted in Border Security Force, IG Headquarter, Paloura, Jammu as Chief Medical Officer/Selection Grade/Commandant Medical in the Border Security Force.
According to the status report/objections and opposed the application of petitioner by the CBI on the grounds, amongst other - that it is a case pertaining to allegations of irregularities in written examination for the posts of Sub-Inspectors in J&K Police conducted by J&K Service Selection Board in connection with which regular case bearing FIR No. RC0042022A0008 stands registered for offences under section 120-B read with 420 of IPC on 03.08.2022; that candidates were taken to a place called Nilokheri, near Karnal, Haryana and provided leaked question papers; that as per investigation conducted thus far, petitioner has played key role in the criminal conspiracy to leak the question papers and sell the same to candidates in lieu of money in following manner that investigation has revealed that Shubam Kala S/O Karnail Singh got the leaked question paper in Jammu through a tout Jagdish Sharma.
Petitioner's official driver namely Ajay Kumar picked Shubam Kala, Jagdish and Paras Sharma from Asia Hotel, Jammu and took them to the residence of Karnail Singh.
CDR analysis has revealed that Ajay Kumar, official driver of Dr. Karnail Singh was in touch with Jagdish Sharma on early morning of 27.03.2022. Petitioner has also manipulated/tampered the log book of official vehicle in a deliberate attempt to frustrate investigation.
It has also been revealed that 03 candidates accessed leaked question paper at the house of petitioner, CDR analysis has revealed that petitioner was in constant touch with two touts Jagdish Sharma and Vijay Kumar on the date of exam.
Petitioner made three calls on 25.03.2022 (i.e one day before the date of exam) to Ashok Kumar, Controller of Examination, JKSSB.
He also visited the office of JKSSB on 25.03.2022. In the inquiry Report, it has been alleged that there is discrepancy in the signature of invigilator on the OMR sheet of Shubam Kala S/O Karnail Singh when compared to signature on attendance sheet. Petitioner and his son have deleted data from their mobile phones, deleted date of CCTV installed at their house and concealed the proceeds of crime in a deliberate attempt to frustrate investigation.
According to the CBI that the investigation of the case is underway to un-earth the entire gamut of criminal conspiracy and that petitioner being senior officer of BSF, is highly influential and may influence witnesses and destroy more evidence to frustrate the investigation. It is also asserted by investigating agency in its objections that petitioner can go to any extent to evade the process of law which is evident by the fact that he has concealed proceeds of crime in deliberate attempt to frustrate investigation etc. etc. Accordingly, rejection of this bail application has been solicited.
Chief Judicial Magistrate Jammu Amarjeet Singh Langeh after hearing both the sides observed that The kind of alliance that petitioner has (as per investigation) with the Kingpins of an interstate gang that indulges in leakage of examination paper for various examinations for recruitment to public services - only displays and that too egregiously, the scale of resources, courage and influence that petitioner has to make such an intrusion. The way son of petitioner is alleged to have tried to exert his influence over the witnesses to dissuade them from speaking against petitioner is yet another circumstance that speaks volumes about the influence that petitioner and his family is in a position to exercise over the witnesses. Against this backdrop, the apprehension of prosecution/investigating agency that petitioner may intimidate the witnesses and tamper with evidence in the event of grant of bail - is plainly sound and persuasive. On this score also, application of petitioner is liable to be rejected at this stage. The kind of revelations made and evidence gathered during investigation only amplifies that rot is much deeper. Also, the larger interest of public and state is yet another circumstance which cannot be side stepped while considering a bail application. In the case in hand, the grant of bail to petitioner, on facts - would only have the impact of eroding public faith in the credibility of fairness in the working of the system and institutions. This is yet another circumstance which warrants refusal of bail to petitioner. With these observations, Court rejected the bail application. JNF
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