STATE TIMES NEWS
JAMMU: In a much publicized SI paper leakage scam, Chief Judicial Magistrate Jammu, Amarjeet Singh Langeh rejected the bail application of Dr Karnail Singh, presently posted in Border Security Force, IG Headquarter, Paloura, Jammu as Chief Medical Officer/ Selection Grade/ Commandant Medical.
According to status report/objections and opposed the application of petitioner by CBI on the grounds, the case pertains to allegations of irregularities in written examination for the posts of Sub-Inspectors in J&K Police conducted by J&K Service Selection Board in connection with which regular case bearing FIR No. RC0042022A0008 stands registered for offences under section 120-B read with 420 of IPC on August 3, 2022; that candidates were taken to Nilokheri, near Karnal (Haryana) and provided leaked question papers; that as per investigation conducted thus far, petitioner played key role in the criminal conspiracy to leak question papers and sell the same to candidates in lieu of money. Investigation has revealed that Shubam Kala, son of Karnail Singh got the leaked question paper in Jammu through a tout Jagdish Sharma. Petitioner’s official driver namely Ajay Kumar picked Shubam Kala, Jagdish and Paras Sharma from Asia Hotel, Jammu and took them to the residence of Karnail Singh. CDR analysis revealed that Ajay Kumar, official driver of Dr Karnail Singh was in touch with Jagdish Sharma on early morning of March 27, 2022. Petitioner has also manipulated/tampered log book of official vehicle in a deliberate attempt to frustrate investigation. It was also revealed that 3 candidates accessed leaked question paper at house of petitioner. Moreover, CDR analysis has revealed that petitioner was in constant touch with two touts namely Jagdish Sharma and Vijay Kumar on the date of exam. Petitioner made three calls on March 25, 2022 (i.e., a day before the exam) to Ashok Kumar, Controller of Examination, JKSSB. He also visited officer of JKSSB on 25.03.2022. In the inquiry Report, it has been alleged that there is discrepancy in signature of invigilator on the OMR sheet of Shubam Kala, son of Karnail Singh when compared to signature on attendance sheet. Petitioner and his son have deleted data from their mobile phones, deleted date of CCTV installed at their house and concealed proceeds of crime in a deliberate attempt to frustrate investigation. According to CBI, investigation of the case is underway to un-earth the entire gamut of criminal conspiracy and that petitioner being senior officer of BSF, is highly influential and may influence witnesses and destroy more evidence to frustrate the investigation. It is also asserted by investigating agency in its objections that petitioner can go to any extent to evade process of law which is evident by the fact that he has concealed proceeds of crime in deliberate attempt to frustrate investigation etc. etc. Accordingly, rejection of the bail application has been solicited.
Chief Judicial Magistrate, after hearing both the sides, observed that kind of alliance that petitioner has (as per investigation) with the Kingpins of an interstate gang that indulges in leakage of examination paper for various examinations for recruitment to public services – only displays and that too egregiously, the scale of resources, courage and influence that petitioner has to make such an intrusion. “The way son of petitioner is alleged to have tried to exert his influence over the witnesses to dissuade them from speaking against petitioner is yet another circumstance that speaks volumes about the influence that petitioner and his family is in a position to exercise over the witnesses. Against this backdrop, the apprehension of prosecution/investigating agency that petitioner may intimidate the witnesses and tamper with evidence in the event of grant of bail – is plainly sound and persuasive. On this score also, application of petitioner is liable to be rejected at this stage. The kind of revelations made and evidence gathered during investigation only amplifies that rot is much deeper. Also, the larger interest of public and state is yet another circumstance which cannot be side stepped while considering a bail application. In the case in hand, the grant of bail to petitioner, on facts – would only have the impact of eroding public faith in the credibility of fairness in the working of the system and institutions. This is yet another circumstance which warrants refusal of bail to petitioner,” the Court observed and rejected the bail application.
