"Aiding Leak Of Question Paper More Heinous Than Murder": Chhattisgarh High Court Denies Bail To Ex-PSC Chairman

Justice Bibhu Datta Guru, while dismissing the bail application, strongly condemned the paper leak and remarked:

“…a person who indulges in facilitating leakage of question paper relating to competitive examinations, plays with the career and future of lacs of young aspirants, who are 'burning the midnight oil' to prepare for competitive exams. Such an act is more heinous than an offence of murder because by killing a person, only one family gets affected but by ruining the career of lacs of aspirants whole society is adversely impacted. Therefore, the alleged charges levelled against the accused persons including the present applicant can by no stretch of imagination be termed as ordinary charges. The action of the accused person is clear example of 'fence eating the crop'.”

Background

The ruling stemmed from a bail application moved by Taman Singh Sonwani, who was the former Chairman of Chhattisgarh Public Service Commission (PSC), and was accused under IPC Sections 120B (criminal conspiracy) and 420 (cheating) and Sections 7, 7(A) and 12 of the Prevention of Corruption Act.

The allegations was that Sonwani along with other officials of the PSC have gave "undue advantage to their respective family members".

It was the case of the prosecution that the petitioner along with other officials of PSC, leaked question papers of the PSC examination to their respective family members and other accused, who later cleared the examination and got selected to key positions like Deputy Collector and Deputy Superintendent of Police. The prosecution had also placed on record a transfer made by Accused 2, who was alleged to be the first recipient of the leaked paper, of an amount of Rs. 45 lakhs to Gramin Vikas Samiti (GVS), whose Chairperson was the petitioner's wife.

The applicant argued that he was neither involved in the process of setting the question papers nor had any role to play in the examination process. Additionally, it was argued that the printer, who had printed the examination papers and sent them to the PSC office through non-employees, was not arrayed as accused. It was also argued that the statement of the security guard of the Controller of PSC, who was instructed to not make any entry into the visiting register, was not recorded. Even the Controller of the Examination, who was handed over the question papers, was not arrayed as accused.

Contrary to this, the respondent (CBI) submitted that the petitioner was the kingpin who perpetrated the entire paper leak and, in his capacity as the Chairman of PSC, had instructed the officials accordingly. It was argued that the brother of the petitioner, Secretary of GVS, had categorically stated that the question papers brought for Accused 5 and 6, who were nephews of the petitioner, were provided by Accused 7 under the instruction of the petitioner to Accused 2 for onward sharing of the same to Accused 3 and 4. The petitioner's brother was argued to have categorically accepted receipt of payment of Rs.20 lakhs and Rs.25 lakhs on 02/03/2022 and 18/05/2022, respectively under the head of Corporate Social Responsibility from Barjang Ispat Limited.

The Court noted that financial assistance was taken in the name of GVS and thereafter, the same was siphoned to the family members of the petitioner prior to preliminary and final examination of PSC. For the said financial help, under the instruction of the petitioner Accused 7 leaked the question papers to Accused 2 and further provided the same to the other accused appearing for the examination.

Considering the seriousness of the offence and the fact that investigation was still pending in respect of other persons who were allegedly involved in the crime, the Court denied bail to the applicant.

Case Title: Taman Singh Sonwani v. Central Bureau Of Investigation CBI, Anti Corruption Branch Raipur, District- Raipur (C.G.)

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