Excelsior Correspondent
Srinagar, Dec 17: Anti-Corruption Court in Srinagar today rejected bail plea of the former Chairman of the Jammu and Kashmir Board of Professional Entrance Examination (BOPEE), Mushtaq Ahmad Peer, the main accused in Common Entrance Test (CET)-2012.
The Special Judge Anti-Corruption, Mohan Lal Manhas, in his 16 page judgement observed that the offense of Peer is grave in nature for which he can be imprisoned for seven years. The court observed that since the crime is heinous, there is every possibility that he may abscond and tamper with the evidence.
“…the investigation is at its threshold and the investigating agency has so far collected vital piece of evidence and more evidence is yet to be collected, therefore, there is reasonable possibility of accused absconding at trial, and tampering with the prosecution evidence if admitted to bail”, the Court observed.
The court while disposing off Peer’s bail application opined that since the investigation is on, so stage is not ripe for the bail. “I am of the opinion that this is fittest case where bail ought not to be granted, and the stage is not ripe. Therefore, the investigating agency must get more time to collect evidence and detect the clandestine mega sale of question papers of Common Entrance Test (CET) by J&K BOPEE. Hence by refusing the bail to the applicant/accused, the bail application is disallowed, rejected and dismissed”, the Court order reads.
The Court described Peer’s offence as grave and heinous crime who has sold the merit of intellectual students. “There can never be more graver and heinous crime, than the applicant/accused being charged of selling the merit of intellectual/meritorious students”, the court observed.
The Court observed that Peer as chairman of the BOPEE has committed betrayal of trust. “Applicant/accused being chairman of BOPEE, not only delicts law, but has committed betrayal of trust reposed by the aspiring meritorious students”, the order reads.
The Court observed that Peer and his co-accused, Farooq Ahmad Itoo and Sajjad Ahmad Bhat, have decimated the career of the meritorious students by selling the question papers of CET-2012. “The criminal act of applicant/accused by hatching a criminal conspiracy with other co-accused by indulging himself in clandestine sale of question papers for huge monitory consideration of about Rs 60 lakhs to less/average students has completely decimated the career of meritorious students”, the court observed.
Court observed that the BOPEE case is of high public importance and if Peer is granted bail it will shatter the confidence of the people. “Applicant/accused like Ceasar’s wife, was required to be above suspicion, and must have discharged his duties with integrity, impartiality and intellectual honesty. But in the case in hand reverse has happened as applicant/accused by indulging in the mega paper selling scam for monitory consideration has exhibited a character unacceptable to the society”, court observed.
Court observed that Peer was holding a public office, Peer was required to exhibit impeccable integrity. “He was holding office of chairman of BOPEE for selecting meritorious MBBS candidates as office of Public Trust. He was required to exhibit himself to be a person of impeccable integrity, unimpeachable character, honest to the core with high moral values. The standard of the conduct to be exhibited by him was much higher than an ordinary man”, court observed.
The court has described the evidence collected by the Crime Branch as overwhelming which has indicted Peer in the commission of the offense. “The evidence collected by the investigating agency so far is overwhelming as the IO till date has got recorded the statements of some prosecution witnesses…and confessional statements…which clearly indict accused in the conspiracy involved in the scam of sale of question paper of CET for MBBS course for the year 2012”, court observed.
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