New Delhi, Dec 23 (PTI) The Delhi High Court on Monday refused to grant anticipatory bail to former IAS probationer Puja Khedkar who has been accused of cheating and wrongly availing of OBC and disability quota benefits in the civil services examination.
Ruling that a strong prima facie case was made out against Khedkar, Justice Chandra Dhari Singh said investigation was required to unearth the "larger conspiracy" to manipulate the system, which would be adversely impacted if the accused was granted pre-arrest bail.
"Anticipatory bail plea is dismissed. Interim protection from arrest is vacated," Justice Singh said while ruling on Khedkar's anticipatory bail plea.
The civil services examination conducted by the Union Public Service Commission (UPSC), the judge said, was the most prestigious test and this case was a classic instance of fraud committed on a constitutional body as well as society.
"In the instant case, it is prima facie established that the conduct of the petitioner has been solely driven with the motive to dupe the complainant UPSC and all the documents allegedly forged by her were done in order to reap benefits out of schemes introduced for the disadvantageous groups in the society.
"The investigation in the present case, as per the material available on record, prima facie, reveals that the petitioner is not a fit candidate to avail the benefits meant for the disadvantageous groups and she has been availing the same by forging the documents prepared in cahoots with unknown individuals in the Government or outside," the court said.
"Interrogation of an accused in an offence of such a nature is required in order to unearth the fraud committed with the help of a large number of people. In the opinion of this court, the steps taken by the petitioner were part of a larger conspiracy to manipulate the system," it added.
The court observed that in the instant case, since the family members of the accused held "high positions", there was a possibility of collusion.
It further said the material showed that the petitioner and her family owned 23 immovable properties as well as over 10 vehicles registered in their name, which was not possible with the alleged meagre family income of Rs 6 lakh per annum and therefore there was concealment of the income to get benefit of a scheme solely meant for people below a certain income limit.
"Apprehensions on part of the respondent State as well as the complainant UPSC backed with the evidence clearly establishes the influence exerted by the petitioner and her family over the Government officials and institutions," the court said.
"The family of the petitioner i.e., the father and mother have held high positions in the executive. Therefore, there is a high possibility that the family members have colluded with the unknown powerful persons in order to get the requisite certificates produced by the petitioner," it added.
The court also remarked that the "fraudulent tactics" adopted by the petitioner not only demoralized the well deserving candidates but also raised questions about the authenticity of the exam conducting agency and was a threat to the backbone of the country.
Khedkar is accused of misrepresenting information in her application for the UPSC Civil Services Examination, 2022, to get reservation benefits.
The counsel for the Delhi Police as well as the complainant, the UPSC, opposed the plea for pre-arrest bail.
The UPSC was represented by senior advocate Naresh Kaushik and lawyer Vardhman Kaushik.
Khedkar has denied all allegations against her.
Her lawyer argued that she was willing to join and cooperate in the investigation and since all the material was documentary in nature, her custody was not required.
The lawyer for Delhi Police, however, claimed that Khedkar's custodial interrogation was necessary to unearth the involvement of others in the commission of the offence.
The UPSC also opposed the plea for anticipatory bail and said Khedkar committed a fraud against the Commission and the public, and her custodial interrogation was necessary to unearth the "magnitude of the fraud" that could not have been done without the help of other individuals.
The UPSC earlier initiated a series of actions against Khedkar in July, including lodging a criminal case, for availing attempts in the civil services exam allegedly by faking her identity.
The Delhi Police registered an FIR under provisions of the Indian Penal Code, Information Technology Act and Right of Persons with Disabilities Act.
The high court had granted Khedkar interim protection from arrest while issuing notice on her anticipatory bail plea on August 12, and the same was extended from time to time.