High Court allows murder accused to take LLM exam under police escort

Saurabh Malik

Chandigarh, June 19

The Punjab and Haryana High Court today affirmed that incarceration should not obstruct an undertrial’s fundamental right to education, while permitting a murder accused to take his LLM (Corporate Laws) examination under police escort.

“The court believes that denying the petitioner the opportunity to sit for exams would cause irreparable harm, as it would prevent him from completing his LLM (Corporate Laws) and jeopardise his future,” stated Justice Vikas Bahl, sitting on the vacation Bench.

Justice Bahl also overturned an order by a Judicial Magistrate First Class issued on June 14, which had denied transportation for the exams. The decision came after the student filed a petition requesting the court to direct the State and other respondents to arrange transport for him to attend the final second-semester examination scheduled from June 20 to 26 at a Mohali university.

The Bench heard that the 24-year-old petitioner was currently held at Rupnagar jail in an FIR registered on May 10 for murder and criminal conspiracy under the IPC Sections 302 and 120-B at the Mohali’s IT City police station.

Arguing for the petitioner, counsel Kanwalvir Singh Kang emphasised that courts had consistently interpreted the “right to life” to encompass all rights essential for a dignified life, including the right to education. The State counsel countered by saying the petitioner should bear adequate expenses due to his involvement in a murder case, if permitted to attend exams under police custody.

Before concluding the hearing, Justice Bahl directed the petitioner to deposit Rs 75,000 following which an adequate number of police personnel would escort him from the Rupnagar district jail to the examination centre in Mohali for all four days of the exams.

The police personnel would take the petitioner back to the district jail after the examinations. The varsity was also directed to permit the petitioner to take the exams on his showing the identity card. It would also ensure that the police personnel accompanying the petitioner were positioned in a location where they have continuous visibility throughout the examination duration. They were also directed to maintain strict vigilance to prevent any attempt by the petitioner to escape.