2017 Haryana Judges Paper leak case: Court sentences former Registrar of Punjab and Haryana High Court and others

New Delhi [India], August 22 : The Rouse Avenue Court of Delhi on Thursday sentenced two individuals, including a former Registrar (Recruitment) of the Punjab and Haryana High Court, in the Haryana Civil Service (Judicial Branch) examination paper leak case.
Balwinder Kumar Sharma, the former Registrar, and Sunita, the primary accused, were each sentenced to 5 years in prison. Sharma was also fined Rs1,50,000, while Sunita faced a fine of Rs60,000. The third convict, Sushila, was released on the period already undergone during trial but was fined Rs10,000.
The case, involving the 2017 Haryana Civil Services (Judicial Branch) Preliminary Examination paper leak, was initially investigated by the Punjab and Haryana High Court and later transferred to Delhi by the Supreme Court in February 2021.
The court convicted Sunita under sections 120B (criminal conspiracy), 409 (criminal breach of trust by a public servant), 411 (dishonestly receiving stolen property) of the IPC, and 13(1)(d) of the Prevention of Corruption Act (PC Act). Sharma was convicted under the same IPC sections and the PC Act, while Sushila was convicted under section 411 of the IPC. The court acquitted six other accused due to insufficient evidence.
The court noted Sharma's pivotal role in the leak, as he had exclusive possession of the question paper and provided it to Sunita, who then shared it with Sushila and others. The ruling emphasized the detrimental impact of such leaks on the examination process and called for stringent laws and reforms to ensure transparency and fairness in public examinations.
Charanjit Singh Bakhshi, Special Public Prosecution, Advocate Manoj Garh and Amit Sahni made arguments on behalf of Prosecution. Bakhshi, SPP submitted that this is an open and shut case wherein the material adduced by the prosecution clearly establish that HCS (Judicial) Paper -2017 was leaked by the then Registrar (recruitment) Balwinder Kumar Sharma.
SPP also argued that the chain of events against the accused persons is conclusive, which leaves is no doubt for which the accused can claim any relief. The oral, electronic, documentary and scientific evidence establishes that the then Registrar had handed over the question paper of this prestigious examination to his close friend namely Sunita, who then shared the same for illegal gratification with several prospective candidates.
SPP Charanjit Singh Bakhshi also submitted that the act of the accused persons deserve no leniency as their ghastly acts has shaken the public conscious, trust and confidence in an institution of Judiciary and the same has tarnished the image of Punjab and Haryana High Court as well.
Bakhshi also submitted that even the Apex Court has taken serious view on such crime viz paper leak case and invited the attention of Special Judge cum Principal and District judge regarding NEET paper leak case, which has traumatized the confidence of public at large in such crucial exams.
While Accused Balwinder Kumar Sharma, the then Registrar (Recruitment) in his statement of accused (under section 313 Cr.P.C) has alleged that the examination papers were in possession of High Court Committee headed by Justice Ajay Kumar Mittal. He also alleged that the final question papers were in the possession of Justice Ajay Kumar Mittal and upon his instructions a fake and false enquiry was ordered to fix him and he claimed innocence.
Recently, the Delhi High Court has granted three months extension to conclude the Trial of Judges paper leak case while directing its day-to-day hearing.
The peculiar facts of the present case are that the FIR in question was ordered to be registered by the High Court of Punjab and Haryana in an order dated 15.09.2017 on a plea in filed by a candidate Suman.
Matter was transferred to Delhi by Supreme Court in 2021 while allowed the Transfer Petition filed by accused Dr. Balwinder Kumar Sharma.
According to the prosecution, Chandigarh Police lodged FIR in pursuant to directions passed by the P & H High Court and the matter involves the leakage of the Haryana Civil Services (Judicial Branch) Preliminary Examination, 2017.
There are total 9 accused in the matter, who include registrar recruitment, who allegedly leaked the paper to the accused were either candidates or relatives of candidates with whom the paper was shared.