SRINAGAR: A court here has rejected bail application of Mushtaq Ahmad Peer, the former chairman of the Board of Professional Entrance Examination (BOPEE), in connection with a case filed against him by enforcement directorate under Prevention of Money Laundering Act (PMLA).
The ED has sought Peer’s prosecution under section 3 and 4 of the PMLA and contended that the being special legislation, jail is rule and bail is exception.
Peer on the other hand had argued that the high court has already granted bail to him in a case registered against him by the crime branch and that he does not hold any office in the state, hence not in a position to repeated the offense as alleged against him. The 67-year-old had also taken plea of being sick with ailments like diabetes, hypertension and unstable angina.
After hearing special public persecutor, enforcement directorate, Mumtaz Ahmad Kapra and Peer’s counsel M M Iqbal, Principal district and sessions Judge Srinagar, Rashid Ali Dar, rejected the bail plea.
“I have give my thoughtful consideration to the material before me and taking note of the fact that I have recorded satisfaction on 16-7-2015 about the existence of material on record suggesting prima-facie the commission of offence u/s 4 PMLA Act, I am of the opinion that the inference of reasonable grounds of non-involvement of the cases for the commission of offence u/s 4 of the PMLA act cannot be drawn,” the court observed and rejected the bail application. The court said that PMLA being a special legislation overrides provisions of other laws including section 497 of CrPC.
Peer was released after two and half years in last week of May after J&K High Court granted conditional bail in lieu of two surety bonds of Rs 50 lakh each to him in connection with case registered against him by crime branch for allegedly engineering the common Entrance Test (CET) 2012 scam.
In July last year, the ED filed the charge sheet in the court of Principal District and Session Judge under various section of PMLA. The Enforcement Directorate had registered a case against Peer which was based on an FIR of the Crime of Police.