Excelsior Correspondent
Srinagar, Aug 26: High Court has refused to refer the conviction appeal of Former BOPEE Chairman Mushtaq Peer, the main accused of J&K CET-2013 paper leak scam to Single Judge and directed listing the appeal before the Division Bench.
The Division Bench of Justice Ali Mohammad Magrey and Justice M Akram Chowdhary refused to list the appeal of Peer before the Single Bench said it is required to be heard and decided by the Division Bench of this Court.
“Consequently, we direct the Registry to list this appeal before the Division Bench as per Roster on 26th of September, 2022”, Division Bench of Justice Ali Mohammad Magrey and Justice M Akram Chowdhary directed. Peer was awarded sentence of 16 years and fine of Rs 1 Crore by the trial judge vide judgment dated 25th of April, 2018, in case bearing FIR No. 24/2013, of Crime Branch, Srinagar, 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.
He was found to be involved in J&K CET-2013 paper leak scam which led to the cancellation/ postponement of the papers of the J&K CET, 2013, as also to hold the examination as per the new schedule in the most fair and transparent manner.
Peer, 73, was booked in FIR 24/2013 registered in Police Station Crime Branch, Srinagar and was granted bail in 2016 by the trial court. However, on his conviction in 2018 he was taken into custody on 25.04.2018.
With the intervention of the High Court, he was again released on parole for a period of eight weeks initially, which was extended by further eight weeks by the DGP, Prisons Jammu, vide his order No. 319 of 2020 dated 04.08.2020 and thereafter surrendered before the jail authorities.
The applicant-Peer claims that after medical examination by the Doctors, he has been diagnosed with Malignancy of secondary stage, which as stated, needs continuous treatment in and outside Jammu and Kashmir.
His counsel submitted that the Registry, on the filing of the appeal, had rightly listed the same for consideration before the Single Judge however the Single Judge without detailing out the reasons has directed the Registry to list appeal before the Division Bench of this Court with reference to applicability of Rule 29 of the Rules of 1999.
Court has clarified that it is not disputed that the sentences awarded to the Appellant-Peer under various offences by the trial Court have been passed on a single trial and, thus have to be read as a single sentence.
“In that view of the matter, the irrefutable conclusion that we arrive upon is that the sentences of imprisonment awarded to the Appellant-Peer exceeds the limit of ten years, and, thus is required to be listed before the Division Bench, as rightly held by the Single Bench”, DB recorded.
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