SRINAGAR: A court here has dismissed a petition by Enforcement Directorate seeking committal of case regarding Common Entrance Test (CET) 2012 scam allegedly engineered by former chairman of the Board of Professional Entrance Examination (BOPEE) Mushtaq Ahmad Peer.
The petition was filed by assistant director of Enforcement, Indian Finance ministry, before Special Judge Anti-Corruption Kashmir and had sought committal of the case to court of Principal District and Session Judge Srinagar.
The trial in the case is at an advanced stage and the special judge anti-corruption is likely to conclude it in next few months.
“The charge-sheet filed before this court against the accused persons is simply for the commission of offence punishable under P.C. 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.
The PC Act is a special legislation to deal with the cases of corruption in public offices of the state while PML Act deals primarily with the money laundering offences.
The ED’s plea was based on the ground that it has launched prosecution against the accused under section 44(3) of Prevention of Money Laundering Act 2002 before the Principal and Session Judge and the later has taken cognisance of the matter.
On the other hand, Chief Prosecution Report objected to the application, underlining that the jurisdiction to try the offence under prevention of corruption act is vested exclusive with the court of special judge anti-corruption
“The application filed by the (ED), on the face of it, is misconceived and hence is dismissed,” the court said after giving a thorough background of the legislations in this regard.
In July last year, the ED filed the charge-sheet in the court of Principal District and Session Judge here under various section of Prevention of Money Laundering Act. The Enforcement Directorate had registered a case against Peer which was based on an FIR of the Crime of Police.
The 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.
Peer, who was arrested on November 23 2014 for alleged selling of CET papers in 2012, chargeshteed along with 24 other persons in case FIR 24/2013 Under Section 420, 120B RPC, 5(2)d r/w (5(2) PC Act of Police Station Crime Branch.
Later the crime branch filed supplementary charge sheets and on August 2 last year, it filed the last of supplementary charge sheet against eight accused. In all sixty persons have been charge sheeted in CET-2012 cash-for-paper paper. Among them include 29 students, 24 parents and 6 brokers besides the main accused.