A judicial magistrate has returned the bail applications of six suspects, including three officials of Dow University of Health Sciences (DUHS), involved in the MDCAT paper leak case, citing lack of jurisdiction. The court ruled that the alleged crime falls within the ambit of the Anti-Corruption Act.
The accused, including DUHS controller of examination Fuad Sheikh, deputy controller of examination Manthar Ali, and assistant admin officer Muhammad Farooque Khan, along with Tariq Aziz Samo, Shan Asfandyar, and Shiraz Bilal, face charges under the Pakistan Penal Code and the Prevention of Electronic Crimes Act, 2016. Their alleged misuse of official positions to leak the MDCAT question paper through social media platforms for monetary gain has sparked public outrage.
Judicial Magistrate (Malir) Piyar Ali Khoso, while hearing the MDCAT paper leak case, stated in his order that the suspects’ actions clearly align with the definitions of corruption under the Anti-Corruption Act. “This court lacks jurisdiction to decide the fate of the bail applications,” he declared, directing that the FIR and case records be submitted to the relevant court of law.
The magistrate emphasized that employees of public-sector universities like DUHS qualify as public servants, making their conduct subject to anti-corruption laws. He further noted that corruption cases in Sindh typically fall under the Anti-Corruption Act or the National Accountability Ordinance, depending on the nature of the offence.
The MDCAT paper leak case involves allegations of fraud, misuse of authority, and bribery – actions that qualify as corrupt practices under anti-corruption laws. The magistrate highlighted that under Section 5(d) of the Prevention of Corruption Act, misconduct by a public servant constitutes a schedule offence, exclusively triable by a special judge.
The Federal Investigation Agency’s (FIA) prosecutor, Ejaz Ali Kalwar, argued that the suspects were implicated in the MDCAT paper leak case after a thorough inquiry. Although the offences are bailable, their nature and gravity affect the public at large, he said. The suspects’ lawyer, however, maintained their innocence, requesting bail for their clients.
According to the FIA’s Cyber Crime Reporting Circle Karachi, an FIR was lodged on October 18, 2024, following an inquiry into the MDCAT paper leak case, which came to light after the entry exam on September 22. The investigation revealed that DUHS officials and other individuals had breached confidentiality during the exam preparation phase. The suspects allegedly sold the leaked paper via social media, compromising the integrity of the medical entrance exam.
This MDCAT paper leak case underscores the urgent need for stricter measures to ensure transparency and fairness in the education sector. It highlights the critical role of anti-corruption laws in holding public servants accountable and safeguarding the future of students.
