New Delhi: The Supreme Court is slated to hear on Tuesday a public interest litigation (PIL) seeking directions to the Centre and state governments to formulate a “Standard Questionnaire” and a “Special Investigation Procedure” for ensuring time-bound investigation and speedy trial of paper leak cases across the country.
As per the cause list published on the apex court’s official website, a Bench of Justices PS Narasimha and Alok Aradhe is slated to take up the matter on July 21.
Filed by advocate Ashwini Kumar Upadhyay under Article 32 of the Constitution, the plea seeks directions to the Centre and state governments to evolve a uniform mechanism for investigation of paper leak cases and ensure expeditious prosecution of those involved.
The petition also seeks assessment and confiscation of the movable and immovable properties of paper leak perpetrators and their family members allegedly involved in the crime, besides invoking provisions of anti-corruption, money laundering, benami property and black money laws wherever applicable.
According to the plea, recurring paper leaks have nationwide ramifications, severely affecting students and their families, while repeated failures to prevent and effectively investigate such offences have resulted in violations of the fundamental rights guaranteed under Articles 14, 16 and 21 of the Constitution.
Referring to the alleged NEET paper leak on May 3, the petition contends that the incident exposed systemic deficiencies in tackling examination-related crimes and that affected candidates continue to suffer financial hardship, loss of educational and employment opportunities, psychological trauma and other adverse consequences.
The PIL argues that despite the Public Examinations (Prevention of Unfair Means) Act, 2024, being in force since June 2024, paper leak incidents have continued while the actual masterminds have largely evaded investigation.
Claiming that the existing legal framework suffers from several deficiencies, the petition highlights the absence of time-bound investigation and trial, lack of a Standard Investigation Procedure (SIP), failure to trace proceeds of crime and benami assets, non-confiscation of illegally acquired properties and non-use of Deception Detection Tests (DDTs) to identify the masterminds.
Besides seeking confiscation of illegally acquired assets under various penal statutes, the plea also seeks a declaration that sentences awarded in paper leak cases should run consecutively instead of concurrently to create a stronger deterrent against such offences.
It has further sought reconsideration of the restrictions on the use of Deception Detection Tests laid down in the Selvi vs State of Karnataka judgment in light of scientific advancements. In the alternative, the petition seeks a direction to the Law Commission of India to examine international practices relating to paper leak investigations and submit a report within three months.
(IANS)
