Plea in Supreme Court seeks property confiscation, consecutive sentences for paper-leak offenders

The Supreme Court on Tuesday sought responses from the Central government and the States to a public interest litigation (PIL) petition seeking the confiscation of movable and immovable properties belonging to paper-leak offenders and their family members who are directly or indirectly involved in such offences. [Ashwini Kumar Upadhyay v. Union of India and Others]

A bench of Justices PS Narasimha and Alok Aradhe issued notice on the plea filed by Bharatiya Janata Party (BJP) leader and advocate Ashwini Kumar Upadhyay.

Upadhyay has also sought a declaration that sentences imposed in paper-leak cases should run consecutively rather than concurrently.

It further calls for an assessment of properties belonging to paper-leak offenders and their family members, followed by appropriate action under the Prevention of Corruption Act, Prevention of Money Laundering Act, Prohibition of Benami Property Transactions Act and Black Money Act.

During the hearing today, Upadhyay told the Court that he was not pressing the first prayer in the petition, which sought directions to formulate a standard questionnaire and a special investigation procedure to ensure time-bound investigations and speedy trials in paper-leak cases.

He said the prayer was no longer being pressed following the passage of the Public Examinations (Prevention of Unfair Means) Amendment Bill, 2026, which strengthened the legal framework against paper leaks.

“I am not pressing prayer (a), since a law has now been enacted. Prayers (b), (c) and (d) survive. This is not an adversarial petition, My Lords,” Upadhyay submitted.

The Court then proceeded to issue notice.

The petition contends that the authorities’ continued failure to prevent, investigate and effectively prosecute paper leaks violates the fundamental rights guaranteed under Articles 14, 16 and 21 of the Constitution.

According to the plea, recurring paper leaks cause candidates and their families financial hardship, loss of educational and employment opportunities and serious psychological distress.

Upadhayay has, therefore, alternatively sought a direction to the Law Commission of India to study international practices and submit a report within three months recommending measures to tackle paper leaks.

The matter will be heard next on September 25, 2026.

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