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2009 Supreme(Online)(J&K) 13

JAMMU AND KASHMIR HIGH COURT
Tashi Rabstan, J
S. Surjeet Singh v. State of J and K and Others
Criminal Petition No. 11/2007



Persons engaged in examination supervision are deemed public servants, allowing for prosecution under relevant anti-corruption and unfair means laws, even if not government employees.

Headnote:(A) Jammu and Kashmir (Prevention of Unfair Means) Examination Act, 1987 - Section 10 - Prevention of Corruption Act, 2006 - Charge against an invigilator for demanding bribes during an examination - Act of 1987 deems all persons conducting examinations as public servants. The Court held that no necessary sanction for prosecution exists if the accused has ceased to be a public servant prior to cognizance. (Paras 21, 28, 30)

(B) Criminal Procedure Code - Section 561A - Inherent powers of the High Court to prevent abuse of process - Court can exercise inherent powers to achieve ends of justice. (Paras 9, 12)

(C) Legal Precedents - The judgement analyzed applicable provisions of law regarding public servants and their duties in examinations. The importance of integrity in educational assessments was underscored. (Paras 2, 7, 19)

Table of Content
1. integrity in academic achievements is crucial. (Para 1 , 2)
2. accusation of bribery involving examination supervision. (Para 3 , 4 , 5)
3. legal arguments regarding public servant status and sanction. (Para 6 , 20)
4. law assures that supervision duties classify one as public servant. (Para 21 , 28 , 30)
5. petition dismissed, upholding trial court's decision. (Para 36)

1. By sheer instinctive compulsions, parents want their children not only to surpass their own achievements but also to soar to dazzling heights. Most children of our times sacrifice much time of their lives by not only working hard but literally burning the candle on both ends to emerge victorious in this highly competitive world. But unfortunately better valueism has lately got in some cases transformed into materialism. People have started living only for this world, which all of us know is temporary phenomenon. Some amongst us, however, in pursuit of abounding in wordly possessions have cast to winds the settled principles and norms of life.

2. On the prosecution allegations, the case in hand throws - up one such glaring example. Here on the one hand is a child who seems to have sacrificed everything for attaining excellence in the field of academics, whereas on the other hand, a person, who is charged and entrusted for conducting examination in most fair and honest manner has as per case of the prosecution ripped to shreds the faith and confidence reposed in him. Going by the prosecution case, which of course is subject to proof at trial, that too beyond all shadow of doubt, the future of not only a child, not only a family, but of nation is put to jeopardy by blind greed of an individual. If the offence is proved at the trial the guilty deserves to given exemplary punishment so as to make the message loud and clear that there cannot be any compromise about the progress of future generations in different walks of life. Where shall the money power push our younger generation in such circumstances, is a question which begs answer. The right of one meritorious, poor and hapless student is passed on to other undeserving student, such incidents if not nipped in the bud, will produce a nation of corrupt block - heads. The frustrated youth may be thus lured into unwilling trap of crime, and what not. The greed of one person will thus play havoc with body politic of whole nation and will end up into what English jurist and parliamentarian Edmund Burkee in 1777 has said and I quote;
"In a people generally corrupt liberty does not long last".

3. The prosecution case as revealed in the report under S.173, CrPC is that on 14th November, 2005 a complaint was received in Police Station, Vigilance Organization, Kashmir from one Irshad Ahmad Kar alleging therein that one S. Surjit Singh, invigilator of examination centre No. 862 located in Woodland High School, Sonawar Srinagar, where the complainant's daughter Ms. Tabinda Irshada was taking 12th class examination, demanded Rs. 3000/- from the daughter of the complainant for rendering her illegal services in the said examination. The accused had further threatened Ms. Tabinda Irshad that in case amount demanded is not paid then any damage can be caused to her answer sheets.

4. Ms. Tabinda Irshad, informed her father, the complainant about what had happened in the school on 13th of November, 2005 when Ms. Tabinda Irshad had reported in the centre for taking her 12th class examination. Ms. Tabinda Irshad told her father, complainant, that as she has worked very hard and believe in leading honest life, she would not give any money to the accused. The complainant, who in his complaint has stated that he believes in honest dealings in life, made a complaint to Vigilance Organization, Kashmir, who in turn undertook pre - trap proceedings and the accused was allegedly caught red handed, and demanded amount of Rs. 3000/- was recovered from him.

5. The accused was working as Supervisor / Inspector as per prosecution case

















































































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