LI Network
Published on: January 21, 2024 at 11:00 IST
The Delhi High Court has issued a directive to a trial court, urging expeditious proceedings in the case related to the alleged leakage of the 2017 Haryana Civil Services (Judicial) preliminary examination paper.
The Court, presided over by Justice Dinesh Kumar Sharma, responded to a plea filed by Dr. Balwinder Kumar Sharma, the former Registrar (Recruitment) of the Punjab and Haryana High Court. Dr. Sharma contested the trial court’s order dismissing his application to summon documents for the cross-examination of witnesses.
Emphasizing the gravity of the matter, Justice Sharma urged the trial court to conduct daily proceedings to ensure a swift resolution. The case had been transferred from Chandigarh to Delhi as per the Supreme Court’s directives.
The trial Court has been instructed to conclude the proceedings by April 15 and submit a compliance report to the Delhi High Court.
In December of the previous year, the high court upheld charges against Sharma, stating that the evidence pointed to his possession of the question paper immediately before the alleged leak.
Justice Sharma highlighted the sensitive nature of the case, noting that the critical evidence is primarily digital or documentary. The charges were initially framed on January 31, 2020, by a sessions court in Chandigarh, a decision subsequently upheld by the Delhi High Court. In 2021, the Supreme Court transferred the trial to the national capital following Sharma’s plea.
Dismissing Sharma’s recent plea, the high court clarified that, at the charges stage, the accused cannot submit documents unless exceptionally necessary. The court found no such material in this case, supporting the prosecution’s assertion of Sharma’s continuous communication with co-accused Sunita.
Addressing the issue of digital evidence, the court emphasized that cases involving such evidence cannot be dismissed at the initial stage.
The Court’s jurisdiction in entertaining revision petitions is confined to instances of serious illegality, infirmity, or perversity in the trial court’s order, which it did not find in this instance.
The case is currently pending before the court of Principal District & Sessions Judge-cum-Special Judge (PC Act/CBI), Rouse Avenue Court. Dr. Sharma, suspended and relocated to Ropar by the Punjab and Haryana High Court following the paper leak, was subsequently arrested. The charge sheet includes sections under the Prevention of Corruption Act and the Indian Penal Code.