In an application filed by accused Waiz-ul-lslam an accused in Pulwama Terror Attack through his father for allowing him to sit in NEET (UG) 2020 Examination, Special Judge NIA rejected the plea of the accused.
While rejecting the plea of the accused, Special Judge NIA Sunit Gupta observed that NEET(UG) examination is an entrance examination for admission in some professional Institutions. In the case the accused/applicant is succeeded in the said examination and quality for admission in any professional Institution to undergo any professional training, in such eventuality he would not be in a position to undergo professional training while in custody . This is a question involved while considering the instant application. Even if, it is presumed (though not confirmed ) that the application form of the accused was accepted and he was allowed to sit in examination at the Srinagar centre, in such circumstances , it would not be appropriate for this court to allow the accused /applicant to visit Srinagar(although in custody) . since the applicant is involved in so hyper sensitive case where the involvement of some Pakistani nationals are also surfaced , who are part of JEM Organization, as such a reasonable doubt may be arisen in mind that the members of JEM organization who are still active in Kashmir valley may attempt to get this accused release from custody or he may be eliminated for some reason. As such , it would amount to put the life of the applicant /accused on higher risk for the foregoing reasons.In the application, it is pleaded that the aforesaid accused had applied for NEET Examination 2020 before his apprehension in the case. Now NEET examination is scheduled to be held on 13-09- 2020 and in case the accused is not allowed to sit in the said examination , his academic future is likely to be ruined /spoiled. It is also pleaded that the applicant/accused has been allotted the centre of examination at Srinagar and it would not be possible for the security forces to take the accused/applicant to Srinagar, as such additional prayer has been made for change of centre of examination to Jammu.
This application has been strongly resisted by APP NIA. In his written reply, he has submitted that the accused /applicant is involved in a very heinous offences in which a fidayeen attack was made on CRPF Convey which was in its way from Jammu to Srinagar at Lethpora NHW by Jaish-e-Mohammad (JEM) terrorist by ramming an explosive Laden vehicle and in the said attack 40 CRPF personal were died and others were injured, keeping in view the sensitivity of the case it would not be proper to allow the accused /applicant to sit in the aforesaid examination that too at Srinagar , as it is every likely hood that the members of JEM organization would make every possible attempt to get him release or manage to escape from the custody . With these submissions he has prayed for dismissal of application. JNF