KARACHI: A judicial magistrate returned the post-arrest bail applications of six suspects allegedly involved in the Medical and Dental Colleges Admission Test (MDCAT) paper leak case for lacking jurisdiction.

The suspects — Faud Sheikh, Manthar Ali, Muhammad Farooque, Tariq Aziz, Shah Afandyar and Shriz Bilal — had filed applications before Judicial Magistrate Piyar Ali Khoso, seeking post-arrest bail.

After hearing both sides, the court returned the bail application for want of jurisdiction.

“I am of the view that the alleged act of accused persons comes within the ambit of the Anti-Corruption Act; hence this court lacks jurisdiction to decide the fate of instant bail application,” the judge observed.

The court also noted that the employees of public sector universities like Dow University of Health Sciences (DUHS) qualify as public servants because these institutions are government-funded. It added that in the province, corruption cases often fall within the ambit of the Anti-Corruption Act and the National Accountability Ordinance, depending on the nature of the offence.

While quoting Section 5 (d) of the Prevention of Corruption Act 1947, the court observed that the section clarified that public servant misconduct is a scheduled offence under the aforesaid act.

“Normal offences could be charged and tried together with schedule offence exclusively triable by the special judge, whereas, the ordinary court could not try the schedule offence coupled with normal offences, in addition to this, attempt, abetment and conspiracy attached to the prevention of the corruption Act 1947 would be deemed non-bailable,” the order said.

According to the prosecution, three DHUS officials along with co-accused persons through illegal means abused their official position and committed electronic crime by leaking the MDCAT entry test paper against the pecuniary advantage.

Published in Dawn, December 22nd, 2024