In the domain of legal proceedings, the Delhi High Court has extended the timeline by an additional three months to a lower court to bring to a close the adjudication process concerning the alleged breach in the security of the 2017 Haryana Civil Services (Judicial) preliminary examination document. Initially, a directive was issued to conduct hearings on a daily basis.
Justice Dinesh Kumar Sharma articulated a preference for the principal district and sessions judge, overseeing the trial, to schedule hearings daily and grant postponements only under compelling circumstances.
Back in January, the high court had instructed the lower court to accelerate the trial and hold daily hearings. Following the previous directive, the trial court judge forwarded correspondence to the high court, citing the extensive nature of the case. The judge mentioned the voluminous record, encompassing seven chargesheets against the defendants, who are currently on trial. The case involves 19 defendants and 85 witnesses and is presently at the stage of presenting defense evidence. The trial court judge requested a minimum of six months for the case’s resolution.
The Special Public Prosecutor Charanjit Singh Bakshi and advocate Amit Sahni, representing the Union Territory of Chandigarh, highlighted the failure to adhere to the high court’s instructions, urging the court to enforce compliance on the lower court. Acknowledging the progress indicated in the communication from the trial court judge post the previous order, the high court deemed it appropriate to extend the timeline. However, it stressed the importance of daily hearings and limited adjournments. Consequently, an additional three-month extension, excluding summer recess, was granted. The trial court was directed to conclude the proceedings within the stipulated timeframe. The high court scheduled the next hearing for September 9.
The high court entertained a petition filed by former registrar (recruitment) of the Punjab and Haryana High Court, Balwinder Kumar Sharma, challenging the lower court’s dismissal of his plea to summon documents for witness cross-examination. Recognizing the gravity of the matter, the high court emphasized the need for cooperation among all parties to ensure a swift trial in the lower court.
An FIR was registered in 2017 based on a complaint from the Punjab and Haryana High Court regarding the alleged paper leak. Following the incident, Sharma was suspended by the Punjab and Haryana High Court. The prosecution alleged that Sharma, as the then registrar (recruitment), had possession of the question paper from its finalization until its dispatch to the examination center.
The accusation implicated a co-defendant named Sunita, purportedly in acquaintance with Sharma, who allegedly provided her with a copy of the question paper. She then purportedly distributed it to others in exchange for monetary gain. Previously, the high court upheld a Chandigarh sessions court’s order dated January 31, 2020, framing charges against Sharma for offenses including cheating, criminal breach of trust by a public servant, criminal conspiracy, and destruction of evidence under the Indian Penal Code and relevant provisions of the Prevention of Corruption Act. In 2021, at Sharma’s behest, the Supreme Court transferred the case to Delhi.