Question Paper Leakage In Govt Exams Shakes Public Confidence: Jammu & Kashmir High Court Refuses Bail To Accused Officer, Son In SI Recruitment Scam

A bench of Justice Mohan Lal was hearing a joint bail application moved by Assistant Sub-Inspector Ashok Kumar and his son Jaisuriya Sharma, who were arrested in November last year for their alleged active role in the recruitment scam and were among 33 persons charge-sheeted by the central probe agency.

In their plea for bail the petitioners submitted that nothing incriminating had been found against them during the search of their house and that they were subjected to worst kind of physical and mental violence at the behest of the respondents. Petitioner No.1 also sought bail on medical grounds.

It was averred that allegations of cheating and criminal conspiracy against petitioners for commission of offences under Sections 120-B r/w sections 201, 408, 411 & 420 IPC are only punishable for seven (7) years imprisonment for which bail cannot be refused.

Contesting the plea counsel for CBI submitted that the applicants along with other accused, have indulged in a criminal conspiracy with officials of JKSSB and M/s Merit Trac Bengaluru, the company assigned the task of conduct of written examination and among 33 accused persons indicted in the case and the applicants have played a “key role” in the scam.

Adjudicating upon the matter, Justice Lal observed that the nature and gravity of charge is serious as accused petitioners have been found involved in criminal conspiracy with other accused in leakage of question papers and their sale for lieu of money.

"The offence is against the society as whole as due to the said huge scam carrier of hundred and thousands of candidates/aspirants for the post of Sub Inspector has been ruined/marred. Question paper leakage damages the future of our young generation and this criminal act cannot be compared with scams involving million of rupees, as the said crime is against the society at large", the bench underscored.

The bench further observed that enlargement of accused/petitioners at this stage is sure to shake the confidence of people at large whose interest are involved in the case as this is a case of huge public importance.

Rejecting the arguments of counsel for the petitioners that the petitioners are not part of conspiracy as nothing substantial have been found against them, the bench pointed to the evidence collected by the investigating agency and said there is prima-facie or reasonable ground to believe that petitioners have committed the offence indicted against them.

The investigation is yet incomplete, more accused persons are yet to be arrested, the scam requires its complete unearthing, therefore, the investigating agency must get sufficient time to complete the investigation and unearth the inter-state gang scam, it added.

In view of the said observations the bench found it as a fittest case, where bail ought not be granted and accordingly dismissed the petition.

Case Title: Ashok Kumar Vs CBI

Citation: 2023 LiveLaw (JKL) 111

Coram: Justice Mohan Lal

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