WhatsApp helping HCS paper leak accused on run, HC told

Saurabh Malik

Tribune News Service

Chandigarh, September 19

WhatsApp calling is causing disconnect between the Chandigarh Police and accused on the run in the HCS paper leak case. Nearly a year after the scam surfaced, the Chandigarh Police on Wednesday told the Punjab and Haryana High Court that the accused, yet to be arrested in the case, were changing mobile numbers frequently and using WhatsApp calling facility, making it tough for the investigating agency to track their location.

As the case came up for resumed hearing, the Chandigarh Police referred to a recorded conversation between two accused, Sushila and Sunita, before telling a five-Judge Bench that they had even discussed the idea of getting the paper cancelled in case they could not pay for the leaked paper. The Bench was told that Sushila was a 43-year-old housewife, who topped the examination.

Taking up the matter, the full Bench of Chief Justice Krishna Murari, Justice Rajesh Bindal, Justice Rajan Gupta, Justice Gurmeet Singh Sandhawalia and Justice Arun Palli questioned the efficacy of police investigation in the matter after being told that the accused on the run could not be arrested.

Speaking for the Bench, Justice Gupta said it was not a crime involving militants. He also asked the prosecuting agency to explain how the accused got a whiff of its activity before mincing no words to say the prosecution meekly handed over statements of witnesses recorded under Section 164 of the CrPC during the pendency of the investigation. He added that a challenge was made only after the court pointed it out.

Statements under Section 164 were admissible in evidence unlike the ones recorded by the police and were kept in sealed cover. The High Court had earlier noticed that the district court’s order on handing over of copies of the 164 statements to the accused, Registrar (Recruitment) Balwinder Sharma, was neither challenged by the prosecuting agency nor brought to the Bench’s notice, though it was monitoring the proceedings on regular basis.

The Bench also asked the administration to explain the possible effect release of the accused on interim bail would have on the ongoing investigation. The query came after the Bench observed that the accused could not be kept in custody forever.

UT special public prosecutor RS Rai and additional public prosecutor Gautam Dutt said the accused were getting information through newspaper reports on court proceedings. The Bench also took up the bail plea of accused Sushila. She and three other accused had moved the High Court for bail. The case would now come up after a week. The hearing was adjourned after Sushila’s counsel sought time to seek instructions.