The Punjab and Haryana High Court has ruled in favor of a final-year LLM student, Prabal Titus, who is currently imprisoned on murder charges, allowing him to appear for his second-semester examinations. The court emphasized that denying him this opportunity would cause irreparable harm to his academic and professional future.
Key Takeaways
- The court’s decision underscores the fundamental right to education, even for those in custody.
- Prabal Titus, the petitioner, has an impressive academic record and has completed multiple courses from foreign universities.
- The court has directed state authorities to facilitate his secure transportation to the exam center.
Court’s Rationale
Justice Vikas Bahl, who presided over the case, noted that Prabal Titus has been a meritorious student, having completed his LLB with good grades and undertaken 25 courses from various foreign universities. The court opined that preventing him from taking his exams would jeopardize his future and cause irreparable loss.
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Legal Precedents
The court referred to the Andhra Pradesh High Court’s decision in Ullipudi Mukunda Rao Vs. Sub-Inspector of Police, which highlighted the duty of police to make arrangements for individuals in custody to appear for exams or interviews. This precedent reinforced the court’s decision to allow Titus to take his exams.
Procedural Background
Prabal Titus filed a petition under Section 482 CrPC, seeking directions for the Punjab Government to arrange his transportation from Rupnagar District Jail to the exam center in Mohali. His plea also challenged a previous order by the Judicial Magistrate that had denied his request to undertake the examination.
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Court’s Directives
The court issued several directives to ensure Titus could take his exams:
- Transportation: The state is to provide secure transportation for Titus from Rupnagar District Jail to the exam center at Amity University, Mohali.
- Police Escort: Adequate police personnel will escort Titus to and from the exam center, maintaining continuous visibility and strict vigilance to prevent any escape attempts.
- Financial Responsibility: Titus is required to deposit Rs 75,000 to cover the expenses for his transportation and security.
- University Cooperation: The university is directed to allow Titus to take his exams upon verifying his identity card.
Conclusion
The court’s decision highlights the importance of the right to education, even for those facing serious criminal charges. By allowing Prabal Titus to take his LLM exams, the court has ensured that his academic and professional future is not unduly compromised.
Sources
- Punjab and Haryana High Court allows student booked for murder to appear for LLM exam, Bar and Bench.
- ‘Would Cause Irreparable Loss If Not Allowed’: Punjab & Haryana High Court Allows Prisoner Accused In Murder Case To Appear For LLM Exam, Live Law.
- High Court allows murder accused to take LLM exam under police escort : The Tribune India, Tribune India.
- “Meritorious Student”: Punjab & Haryana HC Allows LLM Student Accused In Murder Case To Appear For Semester Exams, Verdictum.