The
Delhi High Court has granted three more months to a trial court to conclude the
proceedings in a case relating to the alleged leak of the 2017 Haryana Civil
Services (Judicial) preliminary examination paper.
It
was earlier directed that the hearing in the matter be taken up on a daily
basis.
Justice
Dinesh Kumar Sharma said the court would appreciate if the principal district
and sessions judge, before whom the trial is going on, posts the matter on a
day-to-day basis and grants adjournments to the parties only for unavoidable
reasons.
The
high court had, in January, asked the trial court to expedite the proceedings
in the case and take it up on a daily basis.
Pursuant
to the last order, the trial court judge submitted a letter to the high court,
stating that the case record is voluminous as seven chargesheets have been
filed against the accused who are facing trial.
There
are 19 accused and 85 witnesses in the case, which is at the stage of defence
evidence, the trial court judge said in the letter and sought at least six
months for the disposal of the matter.
Special
Public Prosecutor Charanjit Singh Bakshi and advocate Amit Sahni, representing
the Union Territory of Chandigarh, submitted that despite the high court's
directions, the matter was not taken up on a daily basis and urged the court to
direct the trial court to do so.
The
high court, in its order, said the trial court judge's communication indicates
that after the last order, the case has moved ahead.
"This
court considers that some more time may be granted in view of the communication
of the principal district and sessions judge. However, this court would appreciate
if the principal district and sessions judge posts the matter on a day-to-day
basis.
"Adjournments
may be granted only for some unavoidable reasons. Hence, a further three
months' time is granted, excluding the summer vacations. The trial court is
directed to dispose of the matter within the above said time-frame," the
high court said and listed the matter for further hearing on September 9.
The
high court was hearing a plea moved by former registrar (recruitment) of the
Punjab and Haryana High Court Balwinder Kumar Sharma, who has challenged the
trial court's order dismissing his application for the summoning of documents
for the cross-examination of a witness.
The
high court had said it is a serious matter and asked the parties to cooperate
for an expeditious trial before the lower court.
An
FIR in the matter involving the paper leak was lodged on a complaint from the
Punjab and Haryana High Court in 2017.
Sharma
was suspended by the Punjab and Haryana High Court in 2017, after the paper
leak.
According
to the prosecution, the question paper was in the custody of Sharma, the then
registrar (recruitment), from the time it was finalised till its dispatch to
the examination centre.
It
was alleged that a co-accused, Sunita, was known to be in acquaintance with
Sharma and the latter had given a copy of the question paper to her, who passed
it on to others in return for money.
The
high court previously upheld a January 31, 2020 order of a Chandigarh sessions
court by which charges were framed against Sharma for the alleged offences of
cheating, criminal breach of trust by a public servant, criminal conspiracy and
destruction of evidence under the Indian Penal Code and provisions of the
Prevention of Corruption Act.