Srinagar: The J&K High Court has upheld the sentence given by a trial court to former chairman of the Board of Professional Entrance Examinations (BOPEE), Mushtaq Ahmed Peer.
Peer had been convicted and sentenced by the Court of Special Judge Anti-Corruption in the infamous scandal involving selling medical entrance papers for cash.
Dismissing Peer’s application seeking bail and suspension of sentence period, the High Court, citing the facts thrown up by trial, said that the accused violated the trust of the brilliant brains with impunity for the lust of money which depicts that human greed knows no limits.
“The accused Mushtaq Peer, being at the helm of affairs as Chairman of the Board, occupied the top position which he has abused to the fullest by orchestrating the criminal conspiracy for putting on sale the question papers, the secrecy of which he was under obligation to maintain. This dastardly crime is his brainchild and it would not have been possible for the others to have even a glimpse of the question papers had he not defied the state by throwing to winds requisite standards of probity expected from a public servant of his calibre and stature having served as teacher at highest level for the maximum part of his career and chosen to hold the coveted position even after his superannuation,” Justice M K Hanjura said.
“Conviction of a public servant, convicted in corruption cases, cannot be suspended just on the asking of it, as doing so will have adverse impact on the public interest. The offences committed by the accused have a serious adverse impact on the fabric of the society. His actions have not even spared the son of a truck driver who had made the grade, but was shown the exit on flimsy grounds,” the court said.
“It is not a fit case where the judgment dated 25th of April, 2018, as passed by the Court of Special Judge Anti-Corruption, Kashmir, Srinagar, in case bearing FIR No. 24/2013, of Crime Branch, Srinagar, for the commission of offences punishable under Sections 420, 406, 201, 120-B of the RPC read with Section 5(1)(d) of the Prevention of Corruption Act, can be stayed and the sentence recorded against the accused be suspended.”
Peer was arrested on November 23, 2014 by the Crime Branch. During the investigation, it had come to light that Peer, in connivance with the other accused, had sold the CET 2012 examination papers, along with the answer keys, to some candidates for Rs 60 lakh.