NEW DELHI: The Delhi High Court has declined to interfere in a plea by Dr. Balwinder Kumar Sharma, former Registrar, Punjab And Haryana High Court challenging framing charges against him in relation to the paper leak of Haryana Civil Services (Judicial Branch) Preliminary Examination, 2017.
The peculiar fact in this case is that the complainant is none else but the Punjab and Haryana High Court, Chandigarh itself.
This FIR was ordered to be registered by the High Court of Punjab and Haryana in an order dated September 15, 2017.
The matter involves the leakage of the Haryana Civil Services (Judicial Branch) Preliminary Examination, 2017.
The Delhi High Court while dismissing the petition has held that “the record also indicates that the petitioner was in possession of the question paper immediately before the alleged leakage. The case is of a very sensitive nature and the evidence which is required to be led for the purpose of proving the case is either digital or documentary in nature.”
The court further said, "However, in exceptional cases where a document may show the prosecution as preposterous, the same can be considered depending upon the peculiar facts and circumstances. However, in the present case, there is no such material."
It added: “In the present case, broadly the case of the prosecution against the petitioner herein, who was working as a Registrar Recruitment, is that he was in constant touch with the co-accused Sunita. This allegations of the prosecution of the petitioner and the accused being in constant touch is revealed by the following charts of the call details of their alleged known and „secret‟ phone numbers.”
Now the case is pending adjudication before the Court of Learned Principal District & Sessions Judge-Cum- Special Judge (PC Act/CBI), Rouse Avenue Court.
Sharma was suspended and transferred to Ropar by the Punjab and Haryana High Court immediately after the paper leak. He was arrested later.
Sharma was chargesheeted under Sections 8, 9, 13(1)(d) r/w 13(2) Prevention of Corruption Act, 1988 and Sections 409, 420, 120B and 201 Indian Penal Code, 1860.
