The High Court of Punjab and Haryana, while allowing a murder accused to give his LLM exam observed that in case the petitioner is not permitted to give the said exams, then, the same would cause irreparable loss to the petitioner and the same would jeopardize his future.
Brief Facts:
The petitioner, a murder accused filed the present petition under Section 482 CrPC, seeking directions to Punjab Government authorities to make arrangement for him to appear in the LLM exam from Rupnagar District Jail to the exam centre in Mohali.
Contentions of the Petitioner:
The learned counsel appearing on behalf of the petitioner submitted that the petitioner is 24 years of age and is a student of LLM, Final Year at Amity University, Mohali, Punjab and that he has been falsely implicated in FIR No.39 dated 10.05.2024, registered under Sections 302 and 120-B IPC. Further it was submitted that the petitioner is an outstanding and meritorious student and has already completed LLB graduate course from Chandigarh University in the year 2023 with 8.01 CGPA out of 10. Further it was submitted that various courts have held that “Right to Life” is the compendious expression for all those rights which the Courts must enforce because they are basic to the dignified enjoyment of life and that the right to education flows directly from the right to life.
Contentions of the Respondent:
The learned counsel appearing on behalf of the state submitted that since the petitioner is involved in a case under Section 302 IPC, thus, the petitioner, if at all is permitted to give the exams, be taken in police custody and for the same, the petitioner be directed to pay adequate expenses.
Observations of the court:
The court referred to the decision in the case of D.K. Basu Vs. State of W.B., wherein it was observed that there are occasions where people are arrested by police, who have to appear either in an examination or an interview seeking a job and on account of being in custody if they loose the chance, an irreparable loss may occur to them and since the Right to pursue education is a fundamental right, thus, it was directed that in case a person was in custody, then, it was the duty of the police concerned to make arrangements for such person to appear in the examination.
Further the court noted that the prisoner has been a meritorious student, attained good grades in LLB and has also done 25 courses from various Foreign Universities and in case the petitioner is not permitted to take the said exams, then, the same would cause irreparable loss to the petitioner, inasmuch as, he will not be able to complete his LLM (Corporate Laws) and the same would jeopardise his future.
The decision of the Court:
The court allowed the petition and issued directions to the state and the university for facilitating his appearance at the exam centre.
Case Title: Prabal Titus vs. State of Punjab and Ors.
Coram: Hon’ble Mrs. Justice Vikas Bahl
Case No.: CRM-M-30225-2024
Advocate for the Petitioner: Mr. Kanwalvir Singh Kang
Advocate for the Respondent: Mr. Deepak Singh Saini
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