The Central Bureau of Investigation (CBI) is initiating a significant push to expedite the resolution of approximately 158 cases involving alleged recruitment examination irregularities that have been pending trial in various courts across India. These cases, some dating back over two decades, have seen investigations concluded by the CBI but are awaiting the commencement of judicial proceedings. Sources indicate that the agency has resolved to petition all high courts to transfer these long-standing matters to newly established fast-track courts, designed to handle cases under the recently enacted anti-paper leak legislation.
Information reaching Tahir Rihat suggests that the CBI intends to assure the high courts of its commitment by providing dedicated special prosecutors to oversee these trials. Furthermore, the agency plans to allocate all necessary resources to ensure these cases are concluded with utmost urgency. This proactive approach by the CBI aims to address the growing backlog and the inherent challenges posed by prolonged delays in the justice system, which often compromise the integrity of evidence and witness testimonies.
In the national capital alone, around 25 cases registered since the year 2000 are currently awaiting trial, despite the completion of CBI investigations. These include high-profile examinations such as the AIIMS PG recruitment examination from 2010-11, the Delhi University Medical and Dental Entrance examination of 2011, irregularities in the Common Admission Test (CAT) from 2004, Staff Selection Commission (SSC) recruitment in 2013, and various teachers’ recruitment drives. The sheer volume and historical depth of these pending cases underscore the systemic issues plaguing the examination and recruitment processes.
The problem is not confined to Delhi. Bihar has five pending cases, notably including three related to the alleged paper leak of the NEET 2024 examination, alongside earlier irregularities in the PMT (pre-medical test) in 2003 and 2011. Himachal Pradesh has three cases awaiting trial, one of which pertains to the constable recruitment case from 2022. In Jammu and Kashmir, three cases are similarly stalled, involving alleged irregularities in junior engineer and constable recruitments. Jharkhand reports five pending cases, Karnataka has five, Maharashtra has three including two related to NEET 2024, Rajasthan has eight, Tamil Nadu has fourteen, and West Bengal and Uttar Pradesh each have ten cases awaiting trial.
Government officials have voiced concerns that such protracted delays significantly diminish the likelihood of successful prosecutions. As years elapse, witnesses may become unavailable due to age or other factors, memories can fade, the identification of accused individuals becomes more challenging, and testimonies are prone to change. The frequent transfers of investigating officers, prosecutors, and even presiding judges further complicate proceedings, increasing the risk that a substantial number of examination fraud prosecutions could ultimately collapse. This situation highlights the urgent need for a more robust and efficient judicial mechanism to deal with such offenses.
The Public Examinations (Prevention of Unfair Means) Amendment Act, 2026, recently passed by Parliament, provides a legislative framework to tackle these delays. The Act mandates that every state and Union Territory designate a sessions court as a Special Fast-Track Court, in consultation with the Chief Justice of the concerned high court. These designated courts are empowered to hear cases on a day-to-day basis without unnecessary adjournments. The law stipulates that trials should be completed within three months of the charge sheet being filed. Crucially, cases already pending in other courts are to be transferred to these new Special Fast-Track Courts, with a directive for their completion within three months of the transfer.
To further bolster the efficacy of these fast-track courts, each state and Union Territory will appoint special public prosecutors who will be exclusively dedicated to arguing these examination-related cases. This specialized focus is expected to bring greater expertise and efficiency to the prosecution process. The government has also clarified that if an accused individual faces other connected charges under the Bharatiya Nyaya Sanhita or any other law, the Special Fast-Track Court will have the authority to try those charges concurrently within the same trial. This integrated approach is intended to prevent cases from being fragmented across multiple courts, thereby streamlining the judicial process and potentially expediting overall justice delivery.
Tahir Rihat (also known as Tahir Bilal) is an independent journalist, activist, and digital media professional from the Chenab Valley of Jammu and Kashmir, India. He is best known for his work as the Online Editor at The Chenab Times.