Excelsior Correspondent
SRINAGAR, Aug 8: A local court today issued warrant against Medical Officer Nobra for his involvement in infamous Board of Professional Entrance Examination (BOPEE) scam.
The warrant was issued after prima facie finding that Medical Officer Nobra is directly involved in infamous CET paper scam-2012.
In an application filed by prosecution seeking Dr. Nissar Ahmad Hajam presently working as Medical Officer Primary Health Centre Nobra be arrayed of respondent in the challan as he is directly involved in the scam.
Court of special judge Anti-Corruption Srinagar presided by Yash Paul Bourney after hearing Crime Branch counsel who pleaded before the court that though there was sufficient material available on the file prima-facie suggestive of the fact that Hajam was actively involved. In the conspiracy leading to the leakage of CET papers having played a key role and therefore, he ought to have been arrayed as an accused.
“Therefore, there was no justification for not arraying as accused along-with the other co-conspirators and instead citing him as witness. He is therefore ordered array the accused in the main chargesheet and to face the trial” adding “It is ordered a bailable warrant be issued against him for securing his presence along-with the other accused on the next date”.
Earlier, Dr Nisar Ahmad Hajam was cited as prosecution witness in the chargesheet by the Crime Branch, but he was found prima-facie involved in the conspiracy leading to the leakage of CET papers and has played a key role in the scam.
“That act of the investigating agency in not citing respondent as an accused can at the best be described as an error of judgment which needs to be rectified so as to meet the ends of justice”, reads the CB application.
Court held that any person attending a criminal Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of inquiry into or trial of any offence of which such Court can take cognizance and which, from the evidence, may appear to have been committed, and may be proceeded against as though he had been arrested or summoned. ” When the detention takes place in the course of an inquiry under Chapter XVIII or after a trial has been begun, the proceedings in respect of such person shall be commenced afresh and the witnesses re-heard”, reads the order
Court said as Hajam is involved in the crime and he may be tried in the court of law. “It is the duty of the Court to do justice by punishing the real culprit. Where the investigating agency for any reason does not array one of the real culprits as an accused, the court is not powerless in calling the said accused to face trial. Though the section refers to the person present in the court not arrested or summoned present yet there can’t be any justification why a person not in the court can’t be subjected to similar treatment when the circumstances so warrant”, court said.
The statements of approver Farooq Ahmad Itoo who is main accused in the scam recorded during trial before this court would reveal that respondent Dr. Nisar Ahmad is stated to have paid Rs 2.00 lacs to him in furtherance of the conspiracy to make available the copies of question papers and answer key to the former for his nephew Yasir Yousuf Hajam who is already figuring as accused in the charge-sheet.
It has further been clearly stated by the approver that respondent called on him for the afore-said purpose and then reached at the Hotel Dal Jeel along-with his nephew Yasir Yousuf Hajam on the fateful day. He has further made a specific statement that he personally furnished a set of copies of question papers and answer key to the respondent who was a BUMS Doctor. During the course of his cross-examination he has gone further to clarify that rooms in the Hotel ‘Dal Jeel’ were reserved by Dr. Nisar though he paid for the same and that they had stayed in the said Hotel on earlier occasions also.
Court said that in light of the legal and factual back ground is of the considered view that there is sufficient evidence on record to show prima facie that respondent was privy to the conspiracy leading to the leakage of question papers and answer keys of JKCET 2012.
“Therefore, there was no justification for not arraying as accused along-with the other co-conspirators and instead citing him as witness. He is therefore ordered to be arrayed as accused in the main charge sheet and to face the trial”, court held.
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