"Question Paper Leak Is An Organized Crime": Gauhati HC Denies Bail To Former DIG & Two Others For Leaking State Police Recruitment Examination Paper

Observing that the act of leaking question paper of examinations is an organized crime, the Gauhati High Court has rejected the bail pleas filed by three primary accused persons including a Retired Deputy Inspector General of Assam Police in connection with leaking of question paper for Sub-Inspector (UB) Recruitment Examination (Written) which was to be conducted on 20th September 2020.

Two single benches of the High Court denied bail to the three accused persons vide different bail orders. While accused Prasanta Kumar Dutta (Retired DIG) was denied bail by Justice Hitesh Kumar Sarma, co accused Saroj Sarma and Diban Deka's bail applications were rejected by Justice Parthiv Jyoti Saikia.

"Question paper leak damages the future of our young generation. This act cannot be compared with the scams involves millions of rupees. Question paper leak is an organized crime. This is an offence against the society at large. This court is satisfied that there are prima facie materials against the present petitioners." Observed Justice Saikia.

On the other hand, Justice Dutta was of the view thus:

"Recruitment scam in Government Service like the present one undermines public confidence in the system. It causes grave injustice to the deserving and meritorious candidates who burn midnight oil to get selected in the service. Such scams are, therefore, considered as anathema to public and societal interest."

Furthermore it said:

"It is pellucid from the above that in appropriate cases public interest would prevail over personal liberty of an individual. In other words, a person accused of committing an offence affecting public and societal interest may not be enlarged on bail by a Court of law."

Around 36 people were chargesheeted in connection with the Recruitment scam. State Level Police Recruitment Board had published an advertisement seeking online application from the eligible candidates for filling up 597 posts of S.I. of Police in Assam Police. The advertisement was published on 6th November 2019 and more than 90,000 candidates filed their applications.

However, FIR was lodged by Pradeep Kumar, Retired IPS Officer and Chairman of the State Level Police Recruitment Board, Guwahati alleging that the question paper had been leaked pursuant to which the examination stand cancelled. Furthermore, it was alleged that the act of leaking the question paper had damaged the image of the Recruitment Board as well as of the Government of Assam, apart from causing financial loss to the State Government and playing with the careers of the aspiring candidates. 

Bail Application for Accused Prasanta Kumar Dutta Rejected on 24th May

Perusing the facts of the case and statements of witnesses on record, the Court was of the view that there was a prima facie case made out against Prasant Kumar Dutta. The Court noted that Statements of at least five witnesses available in the case diary clearly revealed monetary transactions with Dutta in the alleged scam.

"He was actively involved in conducting mock test by providing the leaked question paper to some candidates at Hotel Bhargav Grand which is owned by his relatives as specifically indicated earlier in this order. He also arranged accommodation for the said candidates who paid money for the leaked question paper." The Court said.

In view of this, the Court was of the opinion that "Long detention per se cannot be a ground to grant bail to a person who is accused of a serious and grave offence having a far-reaching social impact. The recruitment scam of the present case had shocked the conscience of the people of the State of Assam and had shaken the credibility of the public service recruitment process."

"The petitioner is a retired DIG (Deputy Inspector General of Police) of Assam Police having considerable influence in his erstwhile department. In the circumstances, it appears to me that the petitioner poses "flight risk" in the sense that, if released on bail, he may again flee from justice which would ultimately delay or frustrate the trial of the case." The Court observed while rejecting his bail plea.

Bail Pleas Filed by Accused Saroj Sarma and Diban Deka Rejected on 25th May

Specific allegations against Sarma was that he was involved in leaking and circulating the leaked question papers through Whatsapp messages and by other means to candidates in exchange of huge sum of money.

As against the accused person Deka, it was alleged that he got a set of leaked question papers from his close associate Saroj Sarma and had then prepared model question papers by including the actual

questions from the leaked question paper. These model question papers were then handed over to other associates.

Analysing the facts of the case, the Court observed thus:

"This court is satisfied that there are prima facie materials against the present petitioners. Therefore, this court finds no reason to agree with the prayer made by the petitioners. Accordingly, the bail applications of Saroj Sarma and Diban Deka are rejected."

Click Here To Read Judgment Prasanta Kumar Dutta

Click Here To Read Judgment Sarma and Deka