BOPEE CET Scam 2012: Court awards five years RI and Rs 1 Crore fine to Ex-Chairman BOPEE

26/04/2018

SRINAGAR, Apr 25: Special Judge Anticorruption Srinagar Yash Paul Bourney today in much publicized BOPEE CET Scam 2012 awarded 5 years RI and fine Rs 1 crore to Mushtaq Ahmad Peer Ex- Chairman BOPEE.
While awarding sentence, Special Judge Anticorruption Srinagar Yash Paul Bourney observed that accused No.1 Mushtaq Peer, being at the helm of affairs as Chairman of the Board, occupied the top position which he has abused to the fullest by orchestrating the criminal conspiracy for putting on sale the question papers, the secrecy of which he was under obligation to maintain. This dastardly crime is his brainchild and it would not have been possible for the others to have even a glimpse of the question papers had he not defied the state by throwing to winds requisite standards of probity expected from a public servant of his caliber and stature having served as teacher at highest level for the maximum part of his career and chosen to hold the coveted position even after his superannuation. The conspiracy was planned so conspicuously by the accused-1 who took full advantage of the experience of years acquired by him as to the trends in results of previous years by not providing the complete sets of question papers so as to guard against any possible suspicion. The kind of duplicity exhibited by him is further evident from the two different styles of signatures put in by him at the time of his examination when handed down the charge and further examination under section 342 CrPC.
Court further observed that the conduct of this accused in joining hands consciously with the brokers for putting the question papers of entrance examination on sale amounts should attract all revulsion being a blatant abuse of his official position of the worst kind, besides, the breach of the trust and utter betrayal of the confidence reposed by the Government of the time who in him by choosing him for the coveted position even after his superannuation and the kind of fraud played by him with the careers of thousands of meritorious students as well as their parents who had all alone toiled hard and burnt midnightoils for making it to the merit list. Further, far from showing any remorse for what he did, he has no hesitation in blaming the then Hon'ble Chief Minister for his involvement into this case. He has He has further, shaken the confidence of the public at large into the fairness of the working of such statutory bodies which, it would take years of concerted efforts to restore, as such incidents leave a deep imprint on the minds of the public at large, besides, an occasion to the wily elements to exploit the situation for their advantage by citing such examples. These are some of the reasons for large scale brain drain from the state and the other law and order problems faced by the State in the contemporary times. Therefore, this accused deserves no leniency at all,. He is therefore, sentenced to undergo rigorous imprisonment for five years the maximum term provided for offence under section 5(1)(d) r/w 5(2) P. C. Act (as reduced from seven years to five years vide Act No.8 of 2014 dated 22-03-2014). Given the quantum of the illegal gains made by the said convict and the growth therein during the past six years, he is sentenced to pay a fine of Rupees one Crore. He is further sentenced to rigorous imprisonment of three years for offence u/s 409 RPC, which otherwise is the maximum imprisonment for offence punishable under section 406 RPC for which he was mistakenly charged but corrected afterwards. Considering the enormity of the crime and the number of students deprived of their lawful berths, he is further sentenced to rigorous imprisonment of seven years for offence u/s 420 RPC. He shall further undergo rigorous imprisonment of one year for offence u/s 120-B RPC and all these sentenced shall run consecutively and fine imposed shall be recovered from the movable/immovable assets of the convict in terms of the provisions of section 386 CrPC for which a separate warrant be issued to the Collector Srinagar.
Court further observed that three brokers namely Sajjad Ahmad, Mohammad Amin Ganai and Suhail Ahmad Wani who have made the maximum out of it by involving as many candidates as they could and in the process have made fortunes for themselves in just one night which otherwise people at large fail to do even after a lifelong hard work. Further, they have executed the plan by making elaborate foolproof arrangements. Court further observed that Sajjad has not only used the services of his agents but has also made use of the mobile numbers in the name of others under a well considered plan. He has further made the most of it being already in the business and has also withheld the particulars of the beneficiaries under him. He is accordingly sentenced to undergo rigorous imprisonment for five years for the commission of offence u/s 5(1)(d) r/w 5(2) P.C. Act and 120-B RPC and to pay a fine of Rupees fifty lacs. He shall further undergo rigorous imprisonment of seven years for offence u/s 420 RPC. The sentences shall run consecutively and fine imposed shall be recovered from the movable/immovable assets of the convict in terms of the provisions of section 386 CrPC for which a separate warrant be issued to the Collector Srinagar.
Court further observed that convicts No.26 Mohammad Amin Ganai and Accused No.48 Suhail Ahmad Wani have also made good fortunes in the deal. They are sentenced to undergo rigorous imprisonment for five years for the commission of offence u/s 5(1)(d) r/w 5(2) P.C. Act and 120-B RPC. Taking into account the illicit gains made by them, they are further sentenced to pay a fine of Rupees twenty five lacs each. They shall further undergo rigorous imprisonment of three years for offence u/s 420 RPC and both the sentenced shall run consecutively. The sentences shall run consecutively and fine imposed shall be recovered from the movable/immovable assets of the convicts in terms of the provisions of section 386 CrPC for which a separate warrant be issued to the Collector Srinagar.
Court further observed that as regard the convicts No.4 Haroon Rashid Lone and No.44 Shabir Ahmad Dar they have only assisted the convict No.3 Sajjad Ahmad Bhat in carrying out the illegal sale by the latter. They are sentenced to rigorous imprisonment of three years for offence u/s 5(2) P. C. Act r/w 120-B RPC and to pay a fine of Rupees five lacs each. They are further sentenced to rigorous imprisonment of three years for offence u/s 420 RPC and both the sentenced shall run consecutively. The fine imposed shall be recovered from the assets of the convicts in terms of the provisions of section 386 CrPC for which a separate warrant be issued to the Collector Srinagar.
Court further observed that the parents/guardians viz. accused Bilal Ahmad Vaid, Gulam Mohi-ud-din Lone, Mohammed Yousuf Dar, Bashir Ahmad Dar, Abdul Qadir Rather, Gulam Nabi Bhat, Farooq Ahmad Shah, 23-Mohammed Shafi Bandh, Mohammed Iqbal Reshi, Fida Hussain, Mohammed Amin Mir, Altaf Hussain Shah, Jan Mohammed Dar, Mushtaq Ahmed Kenu, Mushtaq Ahmad Dar, Abdul Hamid Bhat, 49-Bashir Ahmad Tantray, Dar Paraveen, and Dr. Sabina in their eagerness to see their wards in the coveted course have used their money power for grabbing illegally the berths which otherwise would have gone to the meritorious students whosoever deserved the most. However, as of now they have not only failed in their nefarious mission and lost the money which they paid but also have lost the berths illegally grabbed by their wards. They are accordingly sentenced to rigorous imprisonment of three years for offence u/s 5(1) (d) read with 5(2) P. C. Act and 120-B RPC and also to pay a fine of Rupees five lacs each. They shall further undergo rigorous imprisonment of three years for offence u/s 420 RPC and both the sentenced shall run concurrently.
Court further held that the accused students viz. accused Bazilla Bilal, Mushtaq Ahmad Lone, Yasir Yousuf Dar, Ruhail Amin, Imtijaz-ul-Hussain Shah, Yasmeen Jan, Arooj Mushtaq Kenu, 41 Heena Saleem, Mehvish Bashir, Beenish Bhat, and Mansha had just completed their teens and attained the age of majority. Most of them have fallen prey to the sinister designs of their over-ambitiousness parents/guardians who, instead of leading to the righteous path during their impressionable years of life, have pushed them to the situation wherein they have landed today. But, these students have also not speared a thought for their meritorious brethren who deserved these berths on account of their superior merit. In the process, they have not only been turned out but have also lost precious years of their careers besides being stigmatized forever. In these circumstances, they deserve special leniency from the court. They are accordingly sentenced to simple imprisonment of one year for offence u/s 5(1) (d) r/w 5(2) P.C. Act and 120-B RPC. They are further sentenced to simple imprisonment of one year for offence u/s 420 RPC and both the sentenced shall run concurrently.
Court further ordered that out of the fine amount so realized, each of the candidates whose score was more than 90% in the academic side in the qualifying examination and had appeared in the CET 2012 and was within the next fifty candidates in the order of merit from the cut of point, shall be paid fifty thousand rupees each as token compensation.
Court further observed that 655. As the evidence on record reveals, PW-12 Aijaz Ahmad Wani, PW-16 Feroz Ahmad Mir, PW-22/SC-II Jagdish Kumar Gupta and PW-36/SC-III Manzoor Ahmad Ganai have resiled from their statements before Magistrate under section 164-A CrPC and this court is satisfied that they have done so deliberately and purposely for saving the accused persons. These retractions make them liable for willfully giving/fabricating false evidence for which they need to be tried. These witnesses are therefore, ordered to be put to notice to show cause as to why they should not be tried summarily and placed for fabricating false evidence. In this regard a separate Rule be framed and diarized and copies of the operative part together with their depositions before this court as well as their previous depositions be kept on record of that Robkar.
656. At the end It needs to be pointed out with dismay that mother of accused (juvenile), whose father is stated to have expired, who is stated to have paid the highest amount of twenty three lac rupees for the question papers has been let off without any reason. Similarly mother of accused Yasir Yousuf Hajam, whose father is also stated to have expired and father of Saima Hussain whose cell phone was used lavishly round the clock for two days and nights and who was most probably the third person contacted by accused-3 Sajjad at Hyderpora, have also been left out without any reason. Further, the investigating agency has not looked beyond the first fifty candidates in the select list when they should have examined the list as a whole more particularly after surfacing of the misadventure. They have also been found lacking in much wanton seriousness in the investigation of the incident of CET 2013 with solid clues available to them pointing towards serious lapses on the part of the two Principal Officers; Chairman and Controller of the Board. It needs no reiteration that selective application of the process of law against a few and to leaving others is equally dangerous as it only gives birth to a feeling of hatred instead of respect for the Law. JNF

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