The Supreme Court is scheduled to hear a public interest litigation on Tuesday regarding the formulation of a “Standard Questionnaire” and a “Special Investigation Procedure” for timely investigation and swift trials of paper leak cases nationwide. The plea, filed by advocate Ashwini Kumar Upadhyay under Article 32 of the Constitution, urges the Centre and state governments to establish a consistent mechanism for probing paper leak incidents and ensuring prompt prosecution of the culprits. The petition also calls for the evaluation and seizure of assets belonging to those involved in paper leaks and their families, under relevant laws like anti-corruption and money laundering statutes.
The litigation emphasizes the significant impact of recurrent paper leaks on students and families, highlighting the violation of fundamental rights guaranteed under the Constitution. It specifically mentions the NEET paper leak incident on May 3, pointing out deficiencies in addressing examination-related crimes and the ongoing challenges faced by affected candidates. Despite the existence of the Public Examinations (Prevention of Unfair Means) Act, 2024, the petition argues that paper leak incidents persist, with the main perpetrators largely escaping scrutiny.
The plea underscores various shortcomings in the current legal framework, including the lack of time-bound investigations, absence of a Standard Investigation Procedure (SIP), and failure to trace illicit proceeds and assets. It also advocates for the imposition of consecutive sentences in paper leak cases to deter such offenses effectively. Additionally, the petition calls for a reevaluation of restrictions on Deception Detection Tests and proposes a review of international practices related to paper leak investigations by the Law Commission of India.
