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Synopsis

A single-judge bench of the Delhi High Court comprising Justice Subramoniam Prasad on Thursday extended former IAS probationer Puja Khedkar’s protection from arrest until September 26, when it is due to hear the matter again. The court also granted more time to the probe agencies investigating the matter. 

Khedkar was dismissed from service, and her provisional candidature as an IAS officer was canceled by the UPSC after it came to light that the certificates she had submitted at the time of her selection were “forged and fabricated”, according to the Delhi Police. She had applied for anticipatory bail, in response to which the Delhi Police filed a counter affidavit. 

While the prosecution argued vociferously against Khedkar, alleging that she “played with the law” by taking additional attempts than the ones she was entitled to, Justice Subramoniam questioned the need to keep her in police custody. He remarked, “Your argument is very simple... all documents are in the custody of UPSC, then why do you need her custody? As far as the state is concerned, the allegation is that she has given false documents, and wrong information, in which case trial will take place whether documents are false. Why do you need her custody?” 

The police claimed that Khedkar had changed her name, concealed in her declaration that she had already given nine attempts at the examination, and even claimed that her family income is less than 6 lakhs per annum due to her parent’s divorce. On the suggestion of a larger conspiracy in the case, the bench observed, “Need an answer. Who else is involved in this? It is not clear from your arguments”. 

Senior Advocate Sidharth Luthra, representing Khedkar, argued “UPSC is not the state. If UPSC is going to dictate the investigation, where are we going to go?” Khedkar’s counsel further submitted that the issue before the court was whether or not her disability certificates were “questionable”, stating that she was willing to appear before a disability board, even one constituted by AIIMS (All India Institute of Medical Sciences). 

Background 

Khedkar was an IAS trainee accused of “misrepresenting information” in her application for the UPSC (Union Public Services Commission) Civil Services Examination, 2022. She was accused of misusing quotas under OBC and PwD (Persons with Disabilities) to clear the examination, as well as changing her and her parents’ names on official documents so as to gain more attempts at the exam. An FIR as well as a show cause notice to cancel her selection were filed against her. 

Initially, she had applied for anticipatory bail in the Patiala House district court. However, the court reserved its judgment on this plea, after hearing the submissions of both parties. The verdict was to be pronounced on August 1, 2024. However, the trial court then rejected her bail plea, following which she approached the Delhi High Court. 

The bench comprising Justice Subramoniam Prasad deferred the plea to August 29, due to the absence of a response from the Delhi Police. Senior Advocate Sidharth Luthra also requested additional time to review the UPSC’s response, which opposed her plea. 

The court had at the time noted the lack of a substantial discussion in the trial court’s order, directing the police to not arrest Khedkar till the next date of hearing. However, Senior Advocate Naresh Kaushik, representing the UPSC, had asserted that the disgraced IAS trainee was in fact the mastermind behind a conspiracy, involving assistance from others. 

On August 29, Khedkar’s protection was extended till September 5, 2024. Notably, in this hearing, Justice Subramoniam appeared skeptical about the conspiracy angle put forward by the police and extended her interim protection from arrest. He stated “What purpose will be served by her custody? Only reason for her custody is if she is to tamper with evidence or become a flight risk”. 

The matter was eventually adjourned by the court and listed for September 26, 2024. 

Case Title:  Puja Manorama Dilip Khedkar v The State of NCT Of Delhi (Bail application -2828 of 2024)
[Inputs: Indian Express]