plea-in-sc-seeks-confiscation-of-paper-leak-offenders-assets

The Supreme Court on Tuesday sought responses from the Centre and the state governments on a public interest litigation (PIL) seeking directions to confiscate movable and immovable property of offenders and their family members involved in exam question paper leak cases.

 

A bench comprising Justices PS Narasimha and Alok Aradhe issued notice to the Union of India and states on a plea filed by advocate Ashwini Kumar Upadhyay.

 

During the hearing, Upadhyay submitted that he was not pressing his prayer seeking measures to ensure time-bound probe and trial in question paper leak cases as the Public Examinations (Prevention of Unfair Means) Amendment Bill, 2026, which tightens anti-paper leak laws, has been passed. The Supreme Court fixed September 25 as the next date of hearing.

 

The plea, filed through advocate Ashwani Kumar Dubey, also sought directions to take steps for assessment of entire property of perpetrators and their family members, and accordingly invoke the appropriate provisions of the Prevention of Corruption Act, Money Laundering Act, Benami Property Act and Black Money Act.

 

“Direct and declare that sentence in paper leak shall be consecutive, not concurrent, in order to prevent such incidents in future. Alternatively, direct the Law Commission to examine international practices and prepare a report on paper leak within three months,” the plea said.

 

The plea submitted that repeated failures by authorities to prevent, investigate, and prosecute those responsible for paper leaks have led to serious violations of students' fundamental rights under Articles 14, 16, 19, and 21 of the Constitution. It said despite the enactment of the Public Examinations (Prevention of Unfair Means) Act, 2024, in June last year, the legislation suffers from several lacunas, including the absence of time-bound investigations and trials.

 

The plea highlighted the profound impact of paper leaks on students and their families, pointing to mental and physical trauma, loss of educational and employment opportunities, mounting financial burdens from unpaid loans, and a rise in cases of student suicides.