Supreme Court of India. (IANS Photo)
New Delhi, July 13 (IANS): A public interest litigation (PIL) has been filed in the Supreme Court seeking directions to the Centre and state governments to formulate a "Standard Questionnaire" and a "Special Investigation Procedure" to ensure time-bound investigation and speedy trial of paper leak cases across the country.
The plea, filed by advocate Ashwini Kumar Upadhyay under Article 32 of the Constitution, also sought directions for assessment and confiscation of the movable and immovable properties of paper leak perpetrators and their family members allegedly involved in the crime, besides invoking provisions of anti-corruption, money laundering, benami property and black money laws.
The petition, which has arrayed the Union government, all states and union territories (UTs), as well as the Law Commission of India as respondents, contended that recurring paper leaks have nationwide ramifications, severely affecting students and their families.
"Paper leaks have nationwide ramifications, badly affecting students and their families, and many students have committed suicide," the plea stated.
According to the petition, the continued failure of authorities to prevent, investigate and effectively prosecute those responsible for paper leaks has resulted in an ongoing violation of the fundamental rights guaranteed under Articles 14, 16 and 21 of the Constitution.
Referring to the alleged NEET paper leak on May 3, 2026, the petition said the incident affected lakhs of students and highlighted systemic deficiencies in tackling examination-related crimes. "The cause of action continues to subsist as the consequences of the paper leak remain unremedied, affected candidates continue to suffer prejudice, and no effective safeguards have been implemented to prevent recurrence," it added.
The PIL claimed that students continue to suffer financial hardship, loss of educational and employment opportunities, grave psychological issues, rising suicides and the burden of unpaid loans because of repeated paper leak incidents.
"The injury caused to the public is extremely large as the paper leaks affect the mental and physical well-being of not only the students, but also of their families," the petition stated.
Referring to the Public Examinations (Prevention of Unfair Means) Act, 2024, the plea argued that despite the law being in force since June 2024, paper leak incidents have continued to increase while the actual masterminds have largely evaded investigation.
According to the petition, the existing legal framework suffers from several deficiencies, including the absence of time-bound investigation and trial, lack of a Standard Investigation Procedure (SIP), failure to trace proceeds of crime and benami assets, non-confiscation of illegally acquired properties, and non-use of Deception Detection Tests (DDTs) to identify the masterminds.
"There is an absence of stringent standards in regards to paper leaks. Even though the Public Examinations (Prevention of Unfair Means) Act, 2024, has been in force since June, 2024, the leaks have continued to rise, while the actual masterminds have continued to evade the scrutiny of the investigating agencies," the plea said.
The petition further sought directions to the Centre and states to assess the entire properties of perpetrators and their family members and invoke provisions of the Prevention of Corruption Act, the Prevention of Money Laundering Act, the Benami Property Act and the Black Money Act wherever applicable.
It also sought a declaration that sentences awarded in paper leak cases should run consecutively instead of concurrently to create a stronger deterrent against such offences.
The plea raised questions over whether the Supreme Court should issue guidelines to plug gaps in the existing law and whether the restrictions on the use of Deception Detection Tests laid down in Selvi vs. State of Karnataka require reconsideration in light of scientific advancements.
In the alternative, the petition sought directions to the Law Commission of India to examine international practices relating to paper leak investigations and submit a report within three months.
