Early Times Report
Srinagar, Mar 7: Court of Special Judge, Anti-Corruption, Srinagar, has dismissed a petition filed by Enforcement Directorate, seeking the transfer of Common Entrance Test (CET) 2012 scam case to the court of Principal District and Session Judge, Srinagar.
Chairman of the Board of Professional Entrance Examination (BOPEE), Mushtaq Ahmad Peer was alleged to be the architect of the scam.
"The charge-sheet filed before this court against the accused is simply for the commission of offence punishable under Prevention of Corruption Act which can be tried only by sessions judge duly appointed as Special Judge under Section 6 of The Criminal Law (Amendment Act) 1958 by the state government," the court of special judge anti-corruption, Yash Paul Bourney, said in an order passed here.
The enforcement directorate through Assistant Director had filed the plea under section 44 (1)(c) of Prevention of Money laundering Act 2002, seeking committal of the case to the principal district and sessions judge, Srinagar.
The directorate had taken plea that it has launched prosecution against the accused under section 44(3) of Prevention of Money Laundering Act 2002 before the principal district and sessions judge and the later has taken cognizance of the matter.
"The application filed by the (ED), on the face of it, is misconceived and hence is dismissed," the court said.
In 2014, Crime Branch investigation had thrown up that Peer, in the capacity of then Chairman BOPEE, allegedly sold question papers of CET 2012 for Rs 60 lakh to a broker Farooq Ahmad Itoo, who was running a computer centre in his hometown Anantnag in South Kashmir. Itoo and his close aide Sajad Ahmad Bhat sold the papers to interested students and parents against hefty sums.
The trio along with another broker Haroon Rashid and some parents and students are presently under the judicial custody, facing trial in the infamous scam.
ED had identified Peer's assets and cash in bank accounts in Delhi and Kashmir and issued attachment orders identifying them as "proceeds of crime" derived from alleged corruption money of the scam. The Crime Branch had submitted a charge sheet before the principal district and sessions judge. |
