PUNJAB & HARYANA HIGH COURT
GURMEET SINGH
V.
STATE OF PUNJAB
2023:PHHC: 092628
CORAM: HON’BLE MR. JUSTICE ANOOP CHITKARA
INTRODUCTION:
The Punjab & Haryana High Court has denied the pre-arrest bail request of an individual involved in a case related to the hacking of computers at an examination center
FACT:
The Police Station Anaaj Mandi in Patiala received confidential information on 16th September 2021. According to the informant, online recruitment examinations for various departments took place at Infra IT Solutions, Zila Parishad Complex, Patiala. During the investigation, it was revealed that some hackers had compromised the computers during these exams. One specific incident involved the recruitment examination for Sub Inspectors in August 2021, where a candidate named Gurpreet Singh obtained the highest marks. However, it was alleged that he did not achieve these marks based on merit but rather by paying a significant amount of money to cyber criminals who hacked the computer center and remotely solved his question paper. Upon receiving this information, the police registered a First Information Report (FIR) and initiated an investigation. They apprehended Gurpreet Singh and conducted further inquiries, leading to the arrest of several individuals involved in these illegal activities. On 22nd September 2021, one of the arrested individuals, Ankit, revealed the involvement of the present petitioner. Ankit stated that the petitioner was responsible for making entries of the candidates in the examination center. Following the departure of Jasvir Kumar, who previously ran the center, the present petitioner assumed responsibility for managing the computer center and overseeing its operations.
COURT ANALYSIS AND DECISION:
The petitioner and co-accused are facing serious allegations supported by substantial evidence. The evidence indicates the petitioner’s involvement in the matter. Due to the severity of the allegations, the court believes that custodial interrogation is necessary, and granting bail to the petitioner is not appropriate. The court emphasizes the significance of exposing the scam, as it prevented corrupt and unethical individuals from obtaining sensitive positions such as Sub Inspectors through bribery. The hacking incident not only compromised the recruitment process but also highlighted vulnerabilities in the examination system and the use of unsafe software. The court urges the Executive to implement fool-proof and secure software considering the rapid technological advancements to prevent future breaches and misuse of artificial intelligence by hackers. In matters of cyber-crime, there should be no leniency towards cyber thugs, and strict custodial interrogation is essential to uncover the involvement of other individuals and identify system vulnerabilities to prevent future breaches. In conclusion, the petition is dismissed based on the aforementioned considerations.
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Written by- Srijan Garggurmeetsinghvsstateofpunjabon21july2023-482751
