AB. HAMID BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) In connection with notorious BOPEE scam case has been registered as FIR No. 24/2013 P/S Crime Branch for commission of offences punishable under Sections 5(1)(d) r/w 5(2) of Prevention of Corruption Act, Sections 420, 406, 201 and 120-B RPC. Petitioner is alleged to have abetted the commission of offence so is included in the list of accused under Section 109 RPC. The allegation against the petitioner is that he got his daughter Mehak Hameed selected for pursuing MBBS course by fraudulent means. Co-accused Suhail Ahmad Wani has favoured him by supplying question papers of CET 2012 in advance. In CET 2011, rank of petitioner's daughter was 8243 while as in CET 2012 by fraudulent means she has managed to secure 22nd rank.

(2.) Allegedly in the scam, lot of money has changed hands but in the case of petitioner, allegedly it was divulged by co-accused Suhail Ahmad Wani to one Javed Ahmad Dar that the accused Abdul Hamid Bhat (petitioner herein) is suffering from cancer so his daughter has to be accommodated on compassionate basis, means without any payment, so was helped, as a result whereof, daughter of the petitioner could secure her position in the merit list so as to pursue MBBS course.

(3.) Challan (charge sheet) is stated to have been filed before the trial court where petitioner has surrendered, so was taken into custody on 6th August, 2014.