NEET-UG paper leak case: Kulkarni is not a public servant, his Counsel argued

New Delhi [India], September 9 (ANI): The Rouse Avenue Court on Tuesday heard the arguments on the point of charge by the counsel for Prahalad Kulkarni, Manisha Mandhare, Tejas Harshad kumar Shah, Yash Yadav, Dhanjay Lokhande and Shubham Khairnar.

During the arguments, counsel for Prahlad Vithalrao Kulkarni argued that Kulkarni is not a public servant as alleged by the Central Bureau of Investigation (CBI). To declare a person a public servant, it should be notified as per the provisions of law. Advocate Vikram Singh argued for Dhananjay Lokhande.

Special Judge (CBI) Ajay Gupta heard arguments on charge on behalf of the accused on Tuesday. Counsel for Mangilal Biwal, Dinesh Biwal and Vikas Biwal will argue on Wednesday. Meanwhile, the CBI has already argued on the point of charge on Monday.

During the arguments on Tuesday, Advocate Hemant Shah, counsel for Kulkarni, submitted that the National Testing Agency (NTA) is a public authority that conducts public examinations. His client was not a public servant as his position was not notified.

The counsel submitted that under the law, it should be notified in order to declare a person a public servant.

It was further argued that no leaked paper was given to any student and no one has said that money was given for questions. Money is disputed. He was not concerned with the printing of the examination paper. 

The counsel said that, as per the allegations, students attended a special class at the residence of Kulkarni before the NEET-UG Examination, but there is nothing on record to show the visit of students at his residence. There is no MyGate record on record.

Advocate Hemant Shah along with Advocate Saurabh Pal argued for Kulkarni, saying that the Certificate of confidentiality between him and NTA is simply an undertaking. It is merely a contract. This undertaking which showed that the work was done.

The counsel for the accused also disputed the CBI’s allegations that the subject experts, including Kulkarni, were entrusted with the task of setting the NEET question paper. He submitted that there is no question of entrustment. There is no breach of trust, no criminality.

The Special Fast Track Court is hearing arguments on framing of charges levelled against 13 accused persons. (ANI)