Pending exam leak cases to be transferred to fast-track court: High court

The move follows the addition of Section 12A, which requires investigations under the 2024 law to be completed within two months.

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under the Public Examinations (Prevention of Unfair Means) Act, 2024, pending before courts across the capital, be withdrawn and transferred to the specially designated fast-track court at Rouse Avenue for speedy adjudication.

The Rouse Avenue court will now handle cases under the Public Examinations (Prevention of Unfair Means) Act, 2024, from across Delhi. (Hemant rawat)

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.

HC orders immediate transfer of pending cases

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any Court in Delhi involving provisions of the Public Examinations (Prevention of Unfair Means) Act, 2024” would stand withdrawn and be transferred to the fast-track court at Rouse Avenue with immediate effect.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 FIRs registered under the Act, and proceedings arising from them, would henceforth be dealt by the designated court.

The notification added that the move follows the insertion of Section 12A into the 2024 law this year. The provision requires investigations into offences under the Act to be completed within two months from the date the information is recorded, prompting the need for a dedicated fast-track mechanism.

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.

Jurisdiction concerns had delayed case transfers

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. The notification issued on Tuesday now paves the way for the special court to handle all cases under the 2024 Act across Delhi.