Excelsior Correspondent
Srinagar, July 2: Jammu and Kashmir High Court today observed that the Crime Branch of Jammu and Kashmir police is shielding the accused in the Board of Professional Entrance Examination (BOPEE) paper scam and has directed the Inspector General of Crime Branch to supervise the investigations.
A Division Bench Comprising Chief Justice MM Kumar and Justice Hasnain Masoodi while making observations on Crime Branch’s failure to arrest 15 accused said: “A person who is involved in such a crime which is cancerous to the society and you left them scot free. It suggests you are shielding them. Any of us can be hospitalized and be treated by these third degree doctors.”
The court directed IG Crime Branch to exercise supervision on investigation of the case so that any extraneous influence in executing of arrest warrants is effectively checked. It also directed IG to file his progress report in this regard within 2 weeks.
The Crime Branch apprised the court regarding the attachment of properties of some absconders but it expressed dissatisfaction over the attachment process. “The attachment order shows some land has been attached and nothing has been pointed out with regard to attaching of Bank accounts and Business concerns”, the court observed.
While relating the issue of Crime Branch’s failure to arrest 17 accused with the process of attachment of property of the accused, the court observed: “We presume that similar situation must be prevailing in other cases.”
The court had asked the IO to invoke various mechanism available in Code of Criminal procedure to ensure the arrest of any absconder. “Apart from attachment no other mechanism has been used”, the Bench said.
With regard to investigation of CET 2009, 2010 and 2011, the CB in its status report has mentioned that some evidence has been unearthed in respect of admissions made in the year 2010. “However, there is no evidence of fraud in the CET 2009 and 2010 admissions as such CB intends to close the same”, says CB Status report.
Court observed: “We fail to understand how investigation in respect of admission made in 2011 could be closed when the evidence is already available in respect of 2010. Thereafter Advocate General sought some more time for collecting evidence with regard to all three years.”
Court also directed all the cellular companies including BSNL which according to Advocate General, Mohammad Ishaq Qadri, is not cooperating to cooperate by furnishing information required by the Investigating Officer.
Meantime, Crime Branch submitted a list of nine more accused before the Bench in a sealed cover against whom supplementary charge sheet has been prepared.
Crime Branch in its status report further submitted that four more candidates have been identified who have benefited by fraudulent means by obtaining question papers in advance and were selected at top ranking of CET-2012 and the particulars of those have been submitted before BOPEE authorities for further action under rules.
BOPEE counsel in this regard submitted that admission in respect of 25 candidates who are beneficiaries of using fraudulent means have already been cancelled and the list of these four is still under consideration with authorities. “Status report by BOPEE in respect of these four beneficiaries be filed within two weeks”, Court directed.
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