In a setback to the Criminal Investigation Department (CID), the High Court of Karnataka on Thursday quashed the criminal proceedings initiated against two public servants — Asha Parveen S.M. and Salma Firdose — on the allegation of securing government job using “fake caste certificates” through the help of the staff of the Karnataka Public Service Commission (KPSC).
The court also quashed the proceedings initiated against K. Narasimha, P. Gopi Krishna and M.B. Bankar, staff associated with the KPSC.
Ms. Parveen and Ms. Firdose were selected to the posts of tahsildar and Assistant Registrar of Cooperative Societies respectively, in the selection made by the KPSC in the 1998 batch of recruitments to the posts of gazetted probationers. They were charged with cheating, forgery of public records, criminal intimidation and criminal conspiracy, under the provisions of the Indian Penal Code.
In his verdict, Justice L. Narayanaswamy held that the VIII Additional Chief Metropolitan Magistrate court had taken cognisance of the offences against them, without judicial application of mind as there was no material in the charge sheet for taking cognisance of offence.
Also, the court found that there were several mismatches and contradictions in the material produced along with the investigation report as against the charges levelled in the charge sheet filed by the CID on March 23, 2012.
The court also wondered how the CID had sent caste certificates to a private lab for forensic tests, the reports of which were made the basis for alleged forgery for not matching of signatures. Also, the court found that the departmental inquiry itself had found that the caste certificates issued to them were not forged ones.
The government had asked the CID to investigate the case following PIL petitions, filed before the High Court, which alleged large-scale irregularities in the recruitment process of 1998, 1999 and 2004 batches. While Ms. Parveen and Ms. Firdose were arraigned as accused number two and three respectively, then KPSC chairman H.N. Krishna was arraigned as prime accused. The petition filed by Dr. Krishna, questioning the criminal proceedings, is pending before the High Court.
The court found there were several mismatches and contradictions in the material produced along with the investigation report
