PANAJI: The sessions court, Panaji, has dismissed an application filed by a some social activists seeking that Agasaim police inspector be directed to properly investigate the matter concerning leakage of the MBBS question papers.
Sessions judge Nutan Sardessai observed thus: "There is no justification to direct investigation when the police are already seized of the matter and the investigation is entrusted in the hands of the police officer of the rank of DySP. I, therefore, find no merit in the application which is hereby dismissed."
However, the court refused to look into the locus standi of a public servant, Kashinath Shetye, vis-a-vis his presence in the court. Special public prosecutor (PP) S B Faria had questioned the Shetye's locus standi to file the application, as he is an employee of the state electricity department.
"Questioning the locus standi of the applicant No. 2 (Shetye) in particular, a public servant vis-a-vis his presence in court is not germane to this issue and even otherwise he would be questionable and answerable to his departmental superiors," the court said.
Shetye and two others had approached the court seeking directions to the Agasaim police inspector to register an FIR. They also sought that the PI be directed to investigate the matter properly against all those involved in the crime.
It was alleged by the complainants that three sets of papers, which had been set by three different examiners, had been deliberately leaked for 'wrongful and monetary gains, causing wrongful loss to the students of Goa medical college and hospital'. They alleged that a complaint was filed regarding this with Agasaim PI and SP (North), but they refused to lodge an FIR and acted in connivance with the GU examiners.
However, the police in their reply said that the applicants' complaint was found to be vague and therefore letters were sent to the GU vice-chancellor and Goa medical college (GMC) dean to verify the facts of the question paper leakage. After the report of the committee constituted by the Goa University confirmed that question papers of the third MBBS (part II) general medicine papers I and II were indeed leaked, the police registered an offence. An offence was registered under Section 6 of the Prevention of Malpractices at University, Board and other Specified Examinations Act, 1991, Section 406 , Section 409 - both for criminal breach of trust, Section 420 (Cheating) of Indian Penal Code and Section 13 (1) (c) and 13 (1) (d) (criminal misconduct) of the Prevention of Corruption Act against the GMC and GU paper setters. The police added that as the offence has to be investigated by an officer of the rank of DySP, the matter is being investigated by the Panaji DySP.
Sessions judge Nutan Sardessai observed thus: "There is no justification to direct investigation when the police are already seized of the matter and the investigation is entrusted in the hands of the police officer of the rank of DySP. I, therefore, find no merit in the application which is hereby dismissed."
However, the court refused to look into the locus standi of a public servant, Kashinath Shetye, vis-a-vis his presence in the court. Special public prosecutor (PP) S B Faria had questioned the Shetye's locus standi to file the application, as he is an employee of the state electricity department.
"Questioning the locus standi of the applicant No. 2 (Shetye) in particular, a public servant vis-a-vis his presence in court is not germane to this issue and even otherwise he would be questionable and answerable to his departmental superiors," the court said.
Shetye and two others had approached the court seeking directions to the Agasaim police inspector to register an FIR. They also sought that the PI be directed to investigate the matter properly against all those involved in the crime.
It was alleged by the complainants that three sets of papers, which had been set by three different examiners, had been deliberately leaked for 'wrongful and monetary gains, causing wrongful loss to the students of Goa medical college and hospital'. They alleged that a complaint was filed regarding this with Agasaim PI and SP (North), but they refused to lodge an FIR and acted in connivance with the GU examiners.
However, the police in their reply said that the applicants' complaint was found to be vague and therefore letters were sent to the GU vice-chancellor and Goa medical college (GMC) dean to verify the facts of the question paper leakage. After the report of the committee constituted by the Goa University confirmed that question papers of the third MBBS (part II) general medicine papers I and II were indeed leaked, the police registered an offence. An offence was registered under Section 6 of the Prevention of Malpractices at University, Board and other Specified Examinations Act, 1991, Section 406 , Section 409 - both for criminal breach of trust, Section 420 (Cheating) of Indian Penal Code and Section 13 (1) (c) and 13 (1) (d) (criminal misconduct) of the Prevention of Corruption Act against the GMC and GU paper setters. The police added that as the offence has to be investigated by an officer of the rank of DySP, the matter is being investigated by the Panaji DySP.
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