SC notice to Centre, states on plea to confiscate property of offenders in paper leak cases

On Tuesday, the Supreme Court issued a notice to the Indian government and state governments, seeking their response to a petition demanding the confiscation of property belonging to individuals and their families involved in leaking examination question papers. The petition, filed by advocate Ashwini Kumar Upadhyay, argued that the ongoing probe and trial processes for such cases are not conducted in a timely manner.

The court also requested directions to assess and take appropriate action regarding the entire property of the offenders and their relatives, invoking relevant provisions of the Prevention of Corruption Act, Money Laundering Act, Benami Property Act, and Black Money Act. The court emphasized that any sentence handed down for paper leaks should be consecutive rather than concurrent, to deter such incidents from recurring.

The petition further suggested that the Law Commission examine international practices on the matter and submit a report within three months. The petitioner contended that the failure of authorities to prevent, investigate, and prosecute paper leak offenders has resulted in severe violations of fundamental rights of students under Articles 14, 16, 19, and 21 of the Constitution.

Despite the introduction of the Public Examinations Act, 2024 in June, the legislation is criticized for its shortcomings, particularly the absence of time-bound investigations and trials. The petition highlighted the severe consequences of paper leaks on students and their families, including mental and physical trauma, loss of educational and employment opportunities, mounting financial burdens, and a rise in student suicides.