PIL in SC seeks court-mandated SOP, fast-track probe and property confiscation to curb paper leak menace
New Delhi, July 13
A public interest litigation has been filed before the Supreme Court seeking a series of directions to overhaul the investigation and prosecution of paper leak cases across the country, including framing a Special Investigation Procedure, ensuring time-bound investigation and speedy trials, confiscating the properties of those involved in organised paper leak rackets, and imposing consecutive sentences on offenders.
The PIL, filed by advocate Ashwini Kumar Upadhyay under Article 32 of the Constitution, contends that recurring paper leaks have eroded the credibility of public examinations and jeopardised the future of lakhs of students.
It submits that despite the enactment of the Public Examinations (Prevention of Unfair Means) Act, 2024, the frequency of paper leaks has continued to rise because the law lacks an effective investigation framework and adequate deterrent measures.
According to the petition, the existing law does not provide for a statutory timeline for investigation or trial, a uniform investigation protocol, mandatory digital evidence preservation, coordinated action between agencies, financial investigation of organised syndicates, or mechanisms to trace and seize assets generated from examination fraud. The petitioner argues that these deficiencies allow the real masterminds to evade prosecution while only lower-level participants are arrested.
The plea seeks directions to the Centre and States to prepare a standard investigation framework governing every stage of a paper leak case from reporting and evidence collection to prosecution and trial. It says such a framework should also lay down objective criteria for cancellation of examinations, preservation of electronic evidence, protection of affected students, and coordination among investigating agencies.
It also urges the Court to direct authorities to identify and assess the assets of the perpetrators and their family members and, wherever applicable, invoke provisions of the Prevention of Corruption Act, the Prevention of Money Laundering Act, the Benami Transactions law and the Black Money Act to trace and confiscate the proceeds of organised examination fraud.
The petition argues that recurring paper leaks infringe the constitutional guarantees of equality, fair opportunity in education and public employment, and the right to life and dignity under Articles 14, 16 and 21. It states that students spend years preparing for competitive examinations and incur substantial expenditure on coaching, study material and accommodation, only to face uncertainty and repeated examinations because of leaks.
It further claims that such incidents cause severe mental distress, financial hardship and loss of educational and employment opportunities.
Referring to comparative practices in jurisdictions such as the United Kingdom, China and South Korea, the petitioner submits that those countries have structured mechanisms for mandatory reporting, evidence preservation, coordinated investigations and institutional accountability, whereas India's framework remains limited to prescribing offences and punishments without a comprehensive investigative protocol.
The PIL additionally seeks a declaration that punishment in paper leak cases should run consecutively rather than concurrently to strengthen deterrence. In the alternative, it requests the Supreme Court to direct the Law Commission to examine international practices and submit a report on reforms to tackle paper leak cases within three months.
The petitioner has also requested the Court to revisit the legal position governing certain deception detection techniques. It contends that while narco-analysis may remain impermissible, the Court should reconsider the blanket prohibition on the use of polygraph and Brain Electrical Activation Profile (BEAP) tests, arguing that these techniques could assist investigators in identifying the masterminds behind organised paper-leak syndicates.
— ANI
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