New Delhi [India], May 2 : The Delhi High Court has granted a three-month extension to conclude the Trial of Judges in a paper leak case while directing its day-to-day hearing.
The bench of Justice DK Sharma in an order passed recently noted that the communication of the Principal District and Sessions Judge, Rouse Avenue indicates that after the last order, the case has moved ahead.
This court considers that some more time may be granted in view of the communication of the learned Principal District and Sessions Judge. However, this court would appreciate it if the Principal District and Sessions Judge posts the matter on a day-to-day basis. Adjournment may be granted if for some unavoidable reasons. Hence, a further three months time is granted excluding the summer vacations. Learned Trial court is directed to dispose of the matter within the above-said time frame.
In January this year, Delhi High Court directed the District and Sessions Court, Rouse Avenue to conduct day to day trial and to conclude the matter within three months i.e. till 15 April 2024. However, the matter could not be concluded by the District Court, Rouse Avenue, Delhi and a request letter was sent to the Registrar General of Delhi High Court wherein it was stated that the record of this case is voluminous and atleast six months' time was sought to decide the matter.
Charanjit Singh Bakhshi Additional Public Prosecutor and Amit Sahni Advocate appearing for Union Territory of Chandigarh had submitted that despite the directions of the High Court vide order dated 18-01-2024, the matter has not been taken up on a day-to-day basis. It was also submitted that directions may be given to the Trial Court for taking the matter on a day-to-day basis.
High Court granted a further three months' time excluding summer vacation while noting that it would be appreciated if the District and Sessions Judge posted the matter on a day-to-day basis and adjournment may be granted if there are some unavoidable reasons. The matter has been listed for compliance on 09-02-2024.
In January this year, the Delhi High Court while disposing of the Petition accepted the submission made on behalf of Chandigarh Administration by Charanjit Singh Bakshi, Additional PP and Amit Sahni's Advocate that despite earlier directions of the High Court dated 25-02-2022 for expeditious disposal of the Trial, the was pending.
The peculiar facts of the present case are that the FIR in question was ordered to be registered by the High Court of Punjab and Haryana in an order dated 15.09.2017 on a plea filed by a candidate Suman.
The matter was transferred to Delhi by the Supreme Court in 2021 while allowing the Transfer Petition filed by accused Dr Balwinder Kumar Sharma.
According to the prosecution, Chandigarh Police lodged an FIR in pursuant to directions passed by the P and H High Court and the matter involves the leakage of the Haryana Civil Services (Judicial Branch) Preliminary Examination, 2017.
Charanjit Singh Bakhshi, Add. PP for UT/Chandigarh assisted by Amit Sahni advocate earlier argued before Delhi HC that this is an "open and shut case"
Since the Accused is a public servant who has dishonestly and fraudulently misappropriated and converted for his own use the question paper of the Preliminary Examination of HCS (Judicial branch), 2017 entrusted to him and under his control as a public servant and allowed the co- accused-Sunita to have access thereto; therefore he is guilty of having committed the offence under Section 13 of Prevention of Corruption Act, 1988.
Advocate Bakhshi further argued that the allegations against the accused persons are serious in nature, the accused persons were in constant touch with each other on mobile phones, and the Petitioner had possession of HCS (Judicial) Peper in his possession. There is sufficient material (documentary and electronic evidence) against the accused persons and the same cannot be ignored at this initial stage. It was also submitted that the scope of interference in revision is to evaluate serious illegality, infirmity or perversity in the impugned order and it was prayed that the present petition may be dismissed.
There are a total of 9 accused in the matter, which include registrar recruitment, who allegedly leaked the paper to Co-Sunita and the remaining accused were either candidates or relatives of candidates with whom the paper was shared.