Excelsior Correspondent
SRINAGAR, Aug 8: The State High Court today declined to suspend the sentence awarded to former Board of Professional Entrance Examination Chairman Mushtaq Ahmad Peer in Common Entrance Test paper scam.
Peer has challenged the sentence awarded by Special Judge Anti-Corruption, Srinagar to him and others involved in heinous crime.
Along with the appeal wherein sentence has been challenged, he (Peer) had moved application for suspension of sentence till main appeal is decided by the Court.
Justice M K Hanjura, while deciding the application seeking suspension of awarded sentence said Peer in the need and greed of earning undue pecuniary gains on his part, has not spared the career of brilliant students, as such, his case for suspension of sentence is not fit at this stage.
Peer was awarded sentence of 16 years and fine of Rs 1 crore by the trial judge for the commission of offences punishable under Sections 420, 406, 201, 120-B of the RPC read with Section 5(1)(d) of the Prevention of Corruption Act,
“In view of the preceding analysis, the application of the applicant/appellant, seeking suspension of sentence is found to be devoid of any merit and, as a sequel thereto, the same is dismissed”, Justice Hanjura recorded.
Peer, Court said, provided the question papers and the answer keys to the approver-Itoo, who made these available to the candidates, who were selected for undergoing the course of MBBS against monetary considerations, which is stated to be Rs. 60,00,000 that were paid to Peer.
Court while dealing with the prayer for bail pending trial, said undoubtedly, the offence alleged against the appellant-Peer has serious adverse impact on the fabric of the society and the offence is of high magnitude indicating illegal admission to large number of undeserving candidates to the medical courses by corrupt means.
“Apart from showing depravity of character and generation of black money, the offence has the potential of undermining the trust of the people in the integrity of medical profession itself”, read the judgment.
“Court further added, when the allegations are supported by material on record and there is a potential of trial being adversely influenced by grant of bail, seriously jeopardising the interest of justice”, read the judgment.
Applying the ratio of the law laid down, Court said the acts attributed and imputed to Peer in the judgment of conviction and sentence recorded by the trial Court are of a high magnitude indicating illegal admission to a large number of undeserving candidates to the medical courses by adhering to corrupt practices.
The offences committed by Peer have the potential of undermining the trust of the people in the integrity of medical profession itself and these depict and portray a complete depravity of character.
Conviction of a public servant, Court added as convicted in corruption cases, cannot be suspended just on the asking of it, as doing so will have adverse impact on the public interest.
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