Excelsior Correspondent
Srinagar, Mar 24: Jammu and Kashmir High Court today warned the cellular companies operating in the State for contempt proceedings in case they do not cooperate with investigating agency and provide them call details in Board of Professional Entrance Examination (BOPEE) scam.
The court after perusal of status report by the Crime Branch Kashmir said that the companies, except Aircel, were approached for information in connection with probe in CET 2010 but they have failed to exhibit any reply as such their conduct amounts to obstruction in the investigation.
“Telecom companies need to be reminded that coercive steps can be taken to make them part with necessary information in the interest of smooth investigation, unless they of their own provide the requisite information to the Investigation Officer”, reads the order of Division Bench comprising Justice Hasnain Masoodi and Justice Tashi Rabstan.
High Court said that in case companies fail to comply with the orders of the court then court has option available to proceed against the companies under law which includes contempt proceedings against them as suggested by the amicus curie and senior advocate Bashir Ahmad Bashir.
“One of the options available to the court, as suggested by the learned amicus, is to frame a Rule against the responsible officers of the Telecom Companies for disobedience of the court order”, reads the order. “Such an option and other options may be resorted to only in case of continuing disobedience”, said the bench.
DB was not satisfied with the report of investigation regarding CET 2009 and 2011 where in as per the agency probe has been concluded with the remarks that no irregularity has been found in selection process by the BOPEE in these two years.
Status report does not indicate with sufficient clarity, status of investigation. HC said and directed the IO to file a comprehensive report indicating there as to what kind of mode and manner has been adopted in investigation and concretizing the reasons that persuaded him to close the probe.
The court had taken suo moto proceeding after the leakage of CET 2012 papers and large scale malpractice was found by the BOPEE authorities and 65 persons including former BOPEE Chairman Mushtaq Ahmad Peer were involved in the leakage of papers and after court’s intervention all the accused were brought to justice.
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