Supreme Court Seeks Centre, States' Response on PIL to Confiscate Paper-Leak Accused's Property
The Supreme Court on Tuesday sought responses from the central and state governments on a public interest litigation (PIL) demanding confiscation of movable and immovable properties of individuals accused in examination paper-leak cases. The plea, filed by advocate Ashwini Kumar Upadhyay, also seeks similar action against the families of the accused.
A bench of Justices PS Narasimha and Alok Aradhe issued notices to the Union of India and all state governments. The court has scheduled the next hearing for September 25.
During the proceedings, Upadhyay informed the bench that he was withdrawing his earlier prayer seeking time-bound investigations and trials in paper-leak cases. He cited the recent enactment of the Public Examinations (Prevention of Unfair Means) Amendment Bill, 2026, which introduces stricter provisions against examination-related malpractices.
The petitioner has requested a comprehensive assessment of assets held by alleged offenders and their family members. He has urged the authorities to take action under the Prevention of Corruption Act, the Prevention of Money Laundering Act, the Benami Transactions (Prohibition) Act, and the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act.
The PIL further argues that sentences in paper-leak cases should run consecutively rather than concurrently, so as to deter future incidents. In the alternative, it seeks a direction to the Law Commission to examine international practices on tackling exam leaks and submit a report within three months.
The petition contends that repeated failures by authorities to prevent, investigate, and prosecute those responsible for question-paper leaks have led to violations of students' fundamental rights under Articles 14, 16, 19, and 21 of the Constitution.
It also highlights gaps in the Public Examinations (Prevention of Unfair Means) Act, 2024, which came into force in June last year. According to the petitioner, the Act does not mandate time-bound investigations and trials, thereby weakening its effectiveness.
The plea underscores the broader impact of paper leaks on students and families, including mental and physical distress, loss of educational and employment opportunities, financial burdens from unpaid loans, and an increase in student suicides.
The Centre and state governments are now required to file their responses before the next hearing on September 25.
