A special court here on Monday rejected the bail application of the alleged ‘kingpin’ in the 2022 JKSSB sub-inspector recruitment exam paper leak case, stating that “money laundering is a serious threat not only to the financial system of the country but also to the global economy at large.”
The alleged mastermind, Yatin Yadav (43), a resident of Haryana’s Rewari area, was arrested by the Directorate of Enforcement, Jammu, under criminal sections of the Prevention of Money Laundering Act (PMLA) on July 24 and is presently under judicial custody. The Jammu and Kashmir Service Selection Board (JKSSB) sub-inspector recruitment exam was held on March 27, 2022. However, the selected list of 1,200 candidates, along with 1,300 junior engineers and 1,000 finance account assistants, was cancelled by the Jammu and Kashmir administration in July following allegations of paper leak and malpractice. The Central Bureau of Investigation (CBI), which was handed over the case, had already filed a chargesheet against 33 accused, including Yadav, on November 12, 2022. The Enforcement Directorate’s case stems from the CBI FIR. Hearing the bail plea of the accused, Special Judge, Anti-corruption, Jammu, Bala Jyoti, said the court is of the firm opinion that the application, being devoid of any legal force and premature, is not maintainable at this stage as the investigation is incomplete and in its infancy. Many important witnesses are yet to be examined by the ED.Special Public Prosecutor Ashwani Khajuria, representing the ED, vehemently opposed the bail plea, stating that the applicant has indulged in serious offences of money laundering and is the kingpin of the ‘gang’ involved in the paper leakage of government competitive exams in exchange for monetary payments.
“Moreover, in the ongoing investigation under the PMLA, Yadav’s monetary transactions have surfaced, relating to smuggling out the paper, arranging the stay of the candidates in ‘Karnal,’ adjustment of the payments received between himself and Anil Kumar, and receipt of payments in the bank account of M/s New Global Fumigation Corporation, proprietor Yadav. These aspects are being further investigated,” Khajuria said.
“Besides, the investigation under PMLA is separate and independent, and therefore, the proceedings before the trial court in the CBI case have no effect on the PMLA investigation conducted by the respondent,” he argued.
“Having heard and considered the material on record in its entirety, the nature of the allegations, and the gravity of the accusation, and also the stage of investigation, it is my opinion that the investigating agency must be given sufficient time to conduct a thorough and effective investigation,” the judge stated.
“This apprehension of the ED finds force upon the submission made by the counsel that the applicant may influence the witnesses and evade the law. Hence, in light of these considerations, the present application deserves to be dismissed,” she added.
“It is apt to note that the evil of money laundering is a curse and has diverse effects on society and its citizens. Moreover, money laundering is a serious threat not only to the financial system of our country but also to the global economy at large, which is required to be dealt with sternly,” the court said.
Therefore, in light of the grave and serious allegations against the petitioner, apart from the ongoing investigation, this court is not inclined to grant the privilege of bail to the applicant. However, the applicant’s case can be considered on its own merit without being prejudiced by this order at a later stage if there is a change in circumstances, it added.