Court dismisses bail plea of ‘kingpin’ in 2022 JKSSB SI exam paper leak case
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JAMMU: A special court here on Monday rejected the bail application of the alleged 'kingpin' in 2022 JKSSB sub-inspector recruitment exam paper leak case, saying "money laundering is a serious threat not only to financial system of the country but also to the global economy at large".
The alleged mastermind Yatin Yadav (43), a resident of Haryana's Rewari area, was arrested by the Directorate of Enforcement, Jammu under criminal sections of the Prevention of Money Laundering Act (PMLA) on July 24 and is presently under judicial custody.
The Jammu and Kashmir Service Selection Board (JKSSB) sub-inspector recruitment exam was held on March 27, 2022 but the selected list of 1,200 candidates along with 1,300 junior engineers and 1,000 finance account assistants was cancelled by the Jammu and Kashmir administration in July following allegations of paper leak and malpractice.
The Central Bureau of Investigation (CBI), which was handed over the case, had already filed a chargesheet against 33 accused, including Yadav, on November 12, 2022. The Enforcement Directorate (ED) case stems from the CBI FIR.
Hearing the bail plea of the accused, Bala Jyoti, Special Judge, Anti-corruption (CBI cases), Jammu, said the the court is of the firm opinion that the application being devoid of any legal force and premature is not maintainable at this stage as the investigation is incomplete and at its infancy, besides many important witnesses are yet to be examined by the ED.
Special Public Prosecutor Ashwani Khajuria representing the ED vehemently opposed the bail plea and said the applicant has indulged in serious offences of money laundering whereby he is the kingpin of the 'gang' indulging in the paper leakage of the government competitive exams against the monetary payments.
"Moreover, in the ongoing investigation under the PMLA, Yadav's monetary, transactions have surfaced relating to smuggling out the paper, arranging the stay of the candidates in 'Karnal', adjustment of the payments received between himself and Anil Kumar (another key accused) and receipt of payments in the bank account of M/s New Global Fumigation Corporation, proprietor Yadav etc are being further investigated," Khajuria said.
"Besides, the investigation under PMLA is separate and independent and therefore, the proceedings before the trial Court in the CBI case has no effect on the PMLA investigation conducted by the respondent,” he argued.
"Having heard and after consideration of material on record in its entirety and to the nature of the allegations and gravity of the accusation and also stage of investigation, to my mind investigating agency must be given sufficient time in conducting analysed and effective investigation," the judge said.
"This apprehension of ED finds force upon the submission made by the counsel that the applicant may influence the witnesses and give slip to law hence in light of supra, the present application deserves to be dismissed," she added.
"It is apt to note that the evil of money laundering is a curse and has its diverse effect on the society and its citizens, moreover money laundering is a serious threat not only to financial system of our country but also to global economy at large which is required to be dealt sternly," the court said.
It said therefore, in light of supra, given the grave and serious allegations against the petitioner, apart from ongoing investigation, this court is not inclined to grant privilege of bail to the applicant.
However, the applicant's case can be considered on its own merit without being prejudiced by this order at a later stage if there is a change in circumstances, it added.