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The Delhi High Court on Monday granted interim protection from arrest till August 21 to former IAS probationer Puja Khedkar, who has been accused of cheating and wrongly availing OBC and disability quota benefits.
Justice Subramonium Prasad issued notice to the Delhi police as well as the Union Public Service Commission on the anticipatory bail plea by Khedkar, and asked them to file their responses.
"In the facts of the present case, the court is of the opinion that the petitioner be not arrested till the next date of hearing," Justice Prasad said, adding that Khedkar shall cooperate with the investigation.
The court listed the case for further hearing on August 21.
Khedkar allegedly misrepresented information in her application for the UPSC Civil Services Examination, 2022 to get reservation benefits.
On July 31, the UPSC cancelled Khedkar's candidature and debarred her from future exams.
On August 1, a sessions court in New Delhi had denied anticipatory bail to her and said there are serious allegations against her, which "require a thorough investigation".
During the hearing, the high court asked the police and the UPSC to state the need of her custody in the case when it was a case of "false representation" in a document and Khedkar "was not in the system to tamper with the system" and allegedly committed the offence alone.
"Why do you need her custody? The case appears to be of false representation given by her in her form... All these are in her form only. Where is the question of anybody else being involved that would require her custody?" the court observed.
While denying the pre-arrest bail, the trial court went on to deal with the alleged offence but did not say anything on why the relief ought to have been refused, the high court stated.
Senior advocate Naresh Kaushik, appearing for the UPSC, said Khedkar was "not an ordinary person" but a "mastermind" who was "equally influential and manipulative", even if not part of the system.
"Next four days, if you don't have reason to arrest, don't arrest her," the court told the police.
Senior advocate Sidharth Luthra appeared for Khedkar. Advocate Vardhman Kaushik also appeared for the UPSC.
Last month, the UPSC initiated a series of actions against Khedkar, including registration of criminal case against her for availing attempts in the civil services exam by faking identity.
The Delhi police registered an FIR under provisions of the Indian Penal Code, Information Technology Act and Right of Persons with Disability Act.
Khedkar had then approached the sessions court, saying she faces "immediate threat of arrest".
Denying her relief, the sessions court had, however, said, "Custodial interrogation of the accused is required to unearth the whole conspiracy and to establish involvement of the other persons involved in conspiracy."
It further directed the Delhi Police to conduct its investigation "in all fairness" to find out candidates who might have illegally availed of such benefits in recent past and whether some insider from the UPSC also helped Khedkar.
"The conspiracy has been hatched in a pre-planned manner. The conspiracy was executed by the accused in many years.
"The accused alone could not have executed the conspiracy without the assistance of some outsider or insider," the sessions court had said.