Excelsior Correspondent
SRINAGAR, Dec 2: The Crime Branch of Jammu and Kashmir Police in its report submitted to a local Court in Srinagar today while pleading for rejection of bail plea of the former chairman of Jammu and Kashmir Board of Professional Entrance Exams (JKBOPEE), Mushtaq Ahmad Peer, who is the main accused in the Common Entrance Test- 2012, says that he is an influential person and if released on bail can win over prosecution witnesses.
The Crime Branch in its report pleads for rejection of Peer’s bail plea saying: “The accused being influential person would if released on bail try to win over the prosecution witnesses and also hamper the investigations of the case.”
The report says that the granting of bail will harm the investigation process. “If granted bail, Peer will destroy the evidence and win over the witnesses”, says the report.
It may be mentioned that Peer did the fraud after two politicians of the coalition Government helped him to head the BOPEE. Sources said that the Controller’s post vacant in 2012 was kept vacant to give Peer absolute powers for conduct of the CET-2012.
As Controller BOPEE, Peer had powers to conduct the examination and access dispatch and transit of question booklets, answer scripts, tabulation of results and other related matters.
Peer was appointed as BOPEE chairman in March 2009 for two years and was later given an extension of one more year and then two more months due to his proximity to top politicians of the ruling coalition.
The Crime Branch report submitted to a local court says that Peer has sold the question papers of the CET-2013 for huge amounts of money to one Farooq Ahmad Itoo. “Ïtoo sold the papers to other brokers and candidates who appeared in CET-2013 and got selected in the MBBS course”, the report says.
The CB said that selling of question papers has shattered the dreams of meritorious candidates, some of whom are in depression while some other candidates don’t want to appear in the CET-2014 as they have lost faith on the BOPEE after the fraud.
The Crime Branch while pleading for the rejection of Peer’s bail plea said that the scandal is a mega one and it has shaken the confidence of the meritorious students and described it murder of the merit.
The report says that Peer is involved in heinous crime and should have special ground for bail which he has not presented.
The Counsels for Peer, Mohammad Abdullah Pandit and Farooq Kathwari argued that the Crime Branch can’t investigate the BOPEE case as under Prevention of Corruption Act, the investigation has to be done by the Vigilance Organization.
However, the Prosecuting Officer of the Crime Branch while confronting the arguments of Peer’s counsels told the court that CB is a Police Station created with the provisions of CRPC and as such can investigate the matter. He further argued that the CB can investigate all the cognizable offenses done by a public servant.
Peer’s Counsels pleaded for the bail on health ground saying that Peer has cardiac problem and is also diabetic and hypertensive. They told the court that he needs special care as his age is around 67.
However, the Crime Branch Prosecuting Officer told the court that the Crime Branch is under an obligation to provide him better healthcare, but people who have got ill-gotten money may afford health checks at Appollo Hospital in New Delhi but the investigation agency will provide him all the heath care facilities in Valley’s hospitals including SKIMS.
The Counsels argued that the investigating agency is creating evidence. “If he is involved in the scam he would have tampered with the evidence. Let them show any instance that he has tampered with the evidence”, Peer’s Counsels told the court.
The Court directed the Prosecuting Officer to produce case dairy relating to the case on next day of hearing on December 4.
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