Coercive steps can be taken against Telecom companies in Indian Kashmir Srinagar High court !


In the Common Entrance Test (CET) paper-selling scam of 2012, the High Court has warned the telecom companies of proceedings against them on the charges of contempt for failing to provide telephonic details of the accused to the investigators.

A division bench of the court consisting of Justices Hasnain Massodi and Bansi Lal Bhat observed that the conduct of the telecom companies operating in Kashmir on the question of required support to the investigators amounts to obstruction in investigation and administration of justice.

“The telecom companies need to be reminded that coercive steps can be taken against them to make them part with necessary information in the interest of smooth investigation, unless they of their own provide the requisite information to the investigating officer,” the court observed.

“The court is contemplating to frame a rule against responsible officers of the cellular companies for disobedience of the court order,” added the judges.

The warning came after the investigating officer probing the CET 2012 paper selling scam held that all the cellular companies except Aircel were not providing the required information for investigation.

The court had on 12th of March 2012, repeated its earlier direction to the cellular companies to provide call details required by the Crime Branch to complete probe into the scam.

Crime Branch has already completed investigation of 2012 paper selling scam and charge-sheeted 60 accused in trial court of Special Judge Anti-Corruption Kashmir including 29 students, 24 parents and 6 brokers besides the principal accused Mushtaq Ahmad Peer, the then chairman of the BOPEE.

While the court observed that the “impression gathered from latest status report is that investigation as regards CET 2009, 2010 and 2011 is being conducted and investigating officer is yet to arrive at a definite conclusion,” Investigating Officer Afaq Ahmad submitted that probe into CET 2009 and 2011 probe was concluded and no irregularity was found in selection made by BOPEE for various professional courses during these years.

Listing the case in 3rd week of April, the court directed the Investigating Officer to file a comprehensive status report indicating the mode and manner of investigation.

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