The prosecution on Tuesday concluded its arguments before Delhi’s Rouse Avenue Court in the case concerning the leak of judicial exam paper in Haryana in 2017.
Special Public Prosecutor Charanjit Singh Bakshi submitted before Principal Districts and Sessions Judge Anju Bajaj Chandna that this is an open and shut case wherein the material adduced by the prosecution clearly establish that HCS (Judicial) Paper -2017 was leaked by then Registrar (recruitment) Balwinder Kumar Sharma.
“The chain of events against the accused persons is conclusive, which leaves is no doubt for which the accused can claim any relief,” argued Mr Singh.
Singh, assisted by Advocate Amit Sahni, also argued that the oral, electronic, documentary and scientific evidence establishes that then Registrar had handed over the question papers of this prestigious examination to his close friend, Sunita, who then shared the same with several prospective candidates.
He also argued that the act of the accused persons deserve no leniency as their ghastly acts has shaken the public conscience, trust and confidence in an institution of judiciary and the same has tarnished the image of Punjab and Haryana High Court as well.
The complainant in this case is none other than the Punjab and Haryana High Court itself.
FIR FILED IN 2017
The First Information Report (FIR) was ordered to be registered by the High Court of Punjab and Haryana vide an order dated 15.09.2017 in a case filed by a whistleblower, who was a candidate in the said examination.
As per the FIR, the question paper remained in the custody of Sharma from the time the question paper was finalised till it was dispatched to the Examination Centre.
Sunita was in close, intimate relationship and constant contact with Sharma, thus he shared the copy of the question paper with Sunita, who had further given the copy of question paper to Sushila and carried out negotiations with Suman for supplying copy of question paper to her for consideration of money, according to police.
During her interrogation, Sunita confessed with respect to her acquaintance with Sushila and her relationship with Sharma along with the acquisition of new numbers by both to contact each other in secret.
She admitted that on the evening of July 10, 2017, she met Sharma on the road dividing 23/24 towards Sec-24 at around 7 /8 P.M. and he handed over to her the copy of question paper of preliminary exam HCS (Judicial) along with answers, said police.
After collecting the question paper from him, she came back to her room at Radha Krishan Mandir, Sec-18, Chandigarh.
On the next day i.e. on July 11, she showed the question paper to her friend Sushila and directed Sushila if any candidate is ready to pay the amount of Rs 1-1.5 Crore for the question papers of HCS (Judicial Branch) 2017, she may also provide the same to them. A day before the exam she also went to Sindhi Sweets restaurant Sector-17, Chandigarh, to have a meeting with Sushila’s friend Suman for making a deal of leaked question paper. But due to dispute over the amount, the deal could not be finalised.
The case was transferred to Delhi after a transfer petition was filed by Sharma before the Supreme Court seeking transfer of the case to a court of equal and competent jurisdiction in any other State (beyond the jurisdiction of Punjab and Haryana High Court), preferably Delhi alleging that he did not expect to get Justice there.
On 05.02.2021, the Supreme Court allowed the Transfer Petition and transferred the case to Delhi.
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