It’s for executive to ensure foolproof software for recruitment: HC

Saurabh Malik

Chandigarh, July 22

In a judgment liable to change the way recruitment processes are carried out by the state agencies, the Punjab and Haryana High Court today asserted it was for the executive to ensure software used for such sensitive matters was foolproof and secured.

Justice Anoop Chitkara also asserted so many corrupt and unethical people would have been appointed in Punjab to the sensitive post of Sub-Inspector by giving money had a recruitment scam not come to light. The assertion came just about four months after Justice Chitkara observed the maximum number of cyber criminals “unfortunately operated from our country bringing a terrible name to the nation”.

Deal firmly with cyber thugs

Cyber criminals must be dealt with stringently and custodial interrogation of these cyber thugs in these kinds of sensitive matters is required not only to unfold the involvement of other persons, but also to find out the vulnerability in the systems to stop future breaches. —Justice Anoop Chitkara

Justice Chitkara asserted the kind of officers they would have become, and the injustice such officers would have caused to the communities and the state, could be well imagined. “We must realise that because of the hacking, a highly sensitive and essential recruitment in the police, not only got impaired but also got derailed. It also exposed the vulnerability of the examination system and the usage of breach-able and unsafe software,” Justice Chitkara asserted.

The Bench was hearing an anticipatory bail plea in a cheating and forgery case registered on September 16, 2021, at the Anaj Mandi police station in Patiala under Sections 420, 465, 438, 471, 120-B and 409 of the IPC and the provisions of the Information Technology (Amendment) Act. The accused was facing allegations of finding candidates who could solve online question-paper for the recruitment of SIs and also running a centre from where an examination centre was hacked.

Justice Chitkara added the executive was also required to ensure that the software code was written considering the present-day exponential technological advancements and to prevent the misuse of artificial intelligence by the hackers.

Justice Chitkara was of the opinion that leniency could not be shown while dealing with bail petitions filed by the cyber thugs in the matters of cybercrime. “Cyber criminals must be dealt with stringently and custodial interrogation of these cyber thugs in these kinds of sensitive matters is required not only to unfold the involvement of other persons but also to find out the vulnerability in the systems to stop future breaches”.

Referring to the facts of the case, Justice Chitkara observed that the allegations against the petitioner and co-accused were grave. There was sufficient evidence to show candidates appearing from the centre secured “suspiciously more marks than their caliber”.

The evidence collected so far pointed out the petitioner’s involvement. Given the nature of allegations, custodial interrogation was required. An analysis of the allegations and evidence did not warrant bail to the petitioner.