Delhi High Court Orders Day To Day Trial In 2017 Haryana Judicial Paper Leak Case

The Delhi High Court has asked a trial court in the national capital to expedite the trial in the case concerning the paper leak of Haryana Civil Services (Judicial Branch) Preliminary Examination, 2017, and take up the same on a day-to-day basis.

Justice Dinesh Kumar Sharma directed the trial court to dispose of the matter positively on or before April 15 and sought a compliance report on the same.

“Learned counsels for both parties have undertaken to cooperate for the expeditious trial before the learned trial court,” the court noted.

Justice Sharma disposed of the plea moved by a former Registrar (Recruitment) of the Punjab and Haryana High Court, Dr. Balwinder Kumar Sharma, an accused in the case, challenging the trial court's order dismissing his application for summoning of documents for cross-examination of a witness.

“This is a serious matter involving the leaking of judicial examination papers. The matter was transferred from Chandigarh to Delhi by virtue of the orders of the Apex Court. The learned trial court is expected to expedite the matter and take the same on a day-to-day basis,” the court said.

During the course of submissions, Sharma's counsel submitted that he is willing to withdraw the petition with a liberty to summon the relevant documents during the defence evidence as per law.

The APP representing the UT of Chandigarh submitted that Sharma may move an appropriate application before the trial court at the stage of defence evidence and the same may be disposed of in accordance with law.

“In view of the submissions made, the present petition is disposed of with the direction that the petitioner shall be at liberty to move an appropriate application at the stage of defence evidence for summoning the aforementioned documents. Learned trial court shall decide the same in accordance with law,” the court said.

In December last year, the court had upheld the charges framed against Sharma, observing that as per the record, Sharma was in possession of the question paper immediately before the alleged leak.

It had upheld the order passed on January 31, 2020, vide which charges were framed against Sharma by a sessions court in Chandigarh. In 2021, the Supreme Court allowed Sharma's plea and transferred the trial to the national capital.

The case is now pending adjudication before the Court of Learned Principal District & Sessions Judge-Cum- Special Judge (PC Act/CBI), Rouse Avenue Court.

Sharma was suspended and transferred to Ropar by the Punjab and Haryana High Court immediately after the paper leak. He was arrested later.

Chargesheet was filed against Sharma under Sections 8, 9, 13(1)(d) r/w 13(2) Prevention of Corruption Act, 1988 and Sections 409, 420, 120B and 201 Indian Penal Code, 1860.

Counsel for Petitioner: Mr.Alok Bhachawat, Adv

Counsel for Respondent: Mr.Charanjeet Singh Bakhshi, APP for UT Chandigarh with Mr. Amit Sahni, Adv

Title: DR BALWINDER KUMAR SHARMA v. STATE OF UT CHANDIGARH

Citation: 2024 LiveLaw (Del) 69

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