Excelsior Correspondent
SRINAGAR, May 23: The Jammu and Kashmir High Court today pulled up Crime Branch of Jammu and Kashmir Police for its slackness in arresting 17 accused in Board of Professional Entrance Examination (BOPEE) paper sale scam.
The Crime Branch has produced charge sheet against 45 accused in the BOPEE case where the then chairman of the BOPEE, Mushaq Ahmad Peer, sold papers to candidates for getting admission in MBBS course fraudulently. The Agency has arrested 22 accused in the scam, six minors are being tried in juvenile court while 17 are absconding.
A Division Bench of the Jammu and Kashmir High Court comprising Chief Justice M M Kumar and Justice Hasnain Masoodi today directed: “…all the codal provisions should be pressed into service to arrest these 17 absconders by tightening the noose so that the society at large may feel that justice is been done to those who are law abiding.”
The court observed that there is some slackness on part of investigating agency in arresting these 17 accused. “Having heard Advocate General, M I Qadri, and Amicus Curie, senior advocate Bashir Ahmad Bashir, we are left with the impression that there is some slackness on the part of the investigation agency in tightening the noose around those who are absconding which is also evident from the status report filed by Departments of Education, Forest, and Power Development Department (PDD)”, the court observed.
The court directed the investigating officer to attach property of absconding accused, freeze their bank accounts and their salary in order to ensure that they are subjected to criminal law of the State.
The court directed that the Forest, Health, Educational and Power Development Department (PDD) departments to ensure that disciplinary action is initiated against the accused as per the provision of law.
The court directed that the status reports by various departments where the absconders are serving shall be filed thorough DDOs indicating whether such officers are drawing salary from March 2014 till date so as to reveal whether they were present in departments or not.
The court has also directed BSNL and other cellular companies to cooperate with investigation agency.
The court observed that there has been no progress since March this year in the efforts of the CB to arrest the 17 accused who continue to be fugitive and evade arrest. The court said that excuse for slackness given in affidavit by the CB is Parliamentary Elections has slowed the pace of investigation.
The court observed that the CB is dealing with these absconders like ordinary accused and pulled up the agency for showing slackness over the accused who are Government employees. “We record our displeasure with regard to the procedure followed by the investigation agency”, the court observed.
Amicus Curie, senior advocate Bashir Ahmad Bashir informed the court that the accused employees have been working till recently and might even been drawing the salaries. “If that be so, it amount to facilitating the accused in absconding rather than expediting arrest of such persons so that they be dealt with in accordance with the law. So the importance of arresting such accused cannot be over emphasized particularly in cases where vital information is expected to be in possession and knowledge of such persons”, the court observed.
The court while highlighting the importance of the case observed that there is lot of pressure on the students who appear in competitive examinations and some of them resort to finishing their lives. “This must be realized by all those who are associated with the investigation of the case and ensure that accused don not go scot-free”, the court directed.
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