Delhi court refuses anticipatory bail plea of former IAS trainee Puja Khedkar

The court in its order noted that Khedkar has not only cheated and defrauded the UPSC but has also snatched the lawful rights of eligible aspirants with benchmark disabilities

New Delhi: A Delhi court on Thursday refused to grant anticipatory bail to former trainee IAS officer Puja Khedkar while observing that custodial interrogation is required to unearth the whole conspiracy.

Puja Khedkar has been accused of faking her identity to get more attempts in the Union Public Services Commission examination (File Photo)

“Custodial interrogation of the applicant/accused is required to unearth the whole conspiracy and to establish involvement of the other persons involved in the conspiracy. In the present facts and circumstances, I am of the considered opinion that it is not a fit case to exercise discretionary powers of anticipatory bail in favour of the applicant/accused,” additional sessions judge (ASJ) Devender Kumar Jangala said in its order.

Khedkar has been accused of faking her identity to get more attempts in the Union Public Services Commission (UPSC) examination than the number of attempts already allotted and has been charged with a commission of an offense punishable under Sections 420 (cheating), 468 (forgery for purpose of cheating), 471 (using as genuine a forged document), and 120B (criminal conspiracy) Indian Penal Code; 66D Information Technology Act, and 89 and 91 Rights of Persons with Disability Act, 2016.

The court in its order noted that Khedkar has not only cheated and defrauded the UPSC but has also snatched the lawful rights of eligible aspirants with benchmark disabilities.

The court observed that Khedkar had hatched a conspiracy in a pre-planned manner, executed by her in many years, and she alone could not have executed the conspiracy without the assistance of some outsider or insider.

“The applicant has been able to breach the wall of the complainant not only once but repeatedly with deceitful means. The faith of the society at large shall be lost if the thorough investigation to find out the truth is not conducted,” the order further said.

The court, noting that Khedkar’s case may just be the “tip of the iceberg,” directed the UPSC to strengthen its standard operating procedure to ensure that such an event does not occur in the future.

It also directed that the UPSC needs to relook its recommendations made in the recent past to find out the candidates who have illegally availed themselves of attempts beyond permissible limits, who have obtained the OBC (non-creamy layer) benefit despite not being entitled, and who have obtained the benefits of persons with benchmark disabilities despite not being entitled.

The court also said that the Delhi Police needs to widen its scope of investigation and conduct the probe in all fairness to find out the candidates recommended in recent past who have illegally availed the attempts beyond permissible limits.

The prosecution’s case against Khedkar is that she had already exhausted all the permissible attempts available to PWBD+OBC candidates (nine attempts) by CSE 2020, and she was not eligible further to appear for CSE 2021; however, she deliberately changed her name in the year 2021 and appeared in CSE 2021, 2022, and 2023 by making “incorrect or false statements regarding the number of attempts already availed by her”.

While pressing for her anticipatory bail, Khedkar submitted before the court that she should be given an opportunity to respond to the allegations being levelled against her.

She pointed out that a show cause notice was sent to her by the UPSC on July 18, and immediately on the next day, a first information report (FIR) was registered against her.

“On 18 July, I was given notice to show cause….On the very next day, they have filed the FIR, and in their reply, they say that they want my custodial interrogation….Why is the agency so quick to action? I should be given an opportunity to explain my position, and for that, I want anticipatory bail and stay of arrest,” advocate Bina Madhavan, appearing for Khedkar, told the court.

Opposing the allegations regarding her disability, Khedkar placed on record the disability certificate signed by eight doctors, which states that the total percentage of disability is 47%. It was further pointed out that a board of AIIMS All India Institute of Medical Sciences has also found her to be a person with benchmark disabilities.

Madhavan further submitted that her withholding the information regarding the number of attempts is a matter of inquiry. Opposing the bail application, Delhi Police special public prosecutor (SPP) Atul Srivastava submitted that there is an apprehension that if anticipatory bail is granted to Khedkar, she may not cooperate with the investigation.

He also pointed out that she has cheated the UPSC by not mentioning the previous nine attempts. He further pointed out that she has also changed her name again and again to dupe UPSC.

The application was also opposed by the counsel for UPSC, senior advocate Naresh Kaushik, who pointed out that Khedkar has openly accepted that the offence is committed by accepting that she has given wrong information about the number of attempts.

He also submitted that Khedkhar has abused the process of law and secured employment unlawfully, which is an offence not only against UPSC but also against society as someone who is eligible was not able to secure employment.

Kaushik further pointed out that in addition to changing the spelling of her name, she has also changed the names of her parents to cheat the system.