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BUMS resiles from statement, put on trial
CET-2012 scam
8/8/2015 11:30:26 PM
Early Times Report

Srinagar, Aug 8: A local court here has issued a warrant to secure presence of a BUMS doctor put on trial in connection with the 2012 multi-million CET scam allegedly orchestrated by former chairman of Board of Professional examination Mushtaq Ahmad Peer.
The doctor, Dr Nissar Ahmad Hajam, a resident of Kulgam, was actually cited as prosecution witness by the Crime Branch of police.
However, he resiled from his statement and the Crime branch moved court with application to array him as accused in the case.
"In the light of the stated legal and factual back ground, I am of the considered view that there is sufficient evidence on record to show prima facie that the respondent (Dr Nissar Ahmad Hajam) was privy to the conspiracy leading to the leakage of question papers and answer keys of JKCET 2012," court of Special Judge Anti-Corruption Srinagar, Yash Paul Bourney, said while ordering his arraying as the accused in the case.
As per the statement of the approver in the case, Farooq Ahmad Itoo, Dr Nissar had paid him Rs 2 lakhs for making available the copies of question papers and answer key for his nephew Yasir Yousuf Hajam, who is already figuring as accused in the charge-sheet filed by the Crime Branch before the court last year.
"Therefore, there was no justification for not arraying him as accused along-with the other co-conspirators," the court said and issued a bailable warrant against Dr Nissar for securing his presence along-with the other accused on the next date hearing in the case.
In observations, the court said as per law, where the investigating agency for any reason does not array one of the real culprits as an accused, the court is not powerless in calling the said accused to face trial.
"A bare perusal of statements of approver Farooq Ahmad Itoo recorded during trial before this court would reveal that respondent Dr. Nisar Ahmad is stated to have paid Rs.2.00 lakh to him in furtherance of the conspiracy to make available the copies of question papers and answer key to the former for his nephew Yasir Yousuf Hajam. It has further been clearly stated by the approver that respondent called on him for the afore-said purpose and then reached at the Hotel Dal Jeel along-with his nephew on the fateful day," the court added.
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