Pending exam leak cases to be transferred to fast-track court: High: A practical reader guide

Pending exam leak cases to be transferred to fast-track court: High: A practical reader guide

The Delhi High Court has directed that all cases involving examination paper leaks and cheating under the Public Examinations (Prevention of Unfair Means) Act, 2024, pending before courts across the capital, be withdrawn and transferred to the specially designated fast-track court at Rouse Avenue for speedy adjudication.

HT had first reported on Monday that the special court, set up exclusively to deal with such offences, was facing a jurisdictional hurdle as several cases registered under the 2024 law remained pending before magistrates in other district courts. The order effectively brings under the jurisdiction of the Rouse Avenue court cases registered under the Act since 2024 that are currently pending before different district courts.

In a notification issued on Tuesday, registrar (Vigilance) Kaweri Baweja said the Chief Justice had directed that “all miscellaneous proceedings/inquiries/trials pending before any Court in Delhi involving provisions of the Public Examinations (Prevention of Unfair Means) Act, 2024” would stand withdrawn and be transferred to the fast-track court at Rouse Avenue with immediate effect. The notification also said all fresh FIR s registered under the Act, and proceedings arising from them, would henceforth be dealt by the designated court.

Jurisdiction concerns had delayed case transfers

The notification issued on Tuesday now paves the way for the special court to handle all cases under the 2024 Act across Delhi. Special Judge Ajay Gupta, while hearing a case last week, questioned whether the designated court could entertain cases pending in other district courts without a formal transfer or assignment order from the HC. The notification establishing the special court specifically provided for withdrawal and assignment of cases pending at the Rouse Avenue complex, but did not clearly address cases pending elsewhere.