Back
2024 Supreme(P&H) 393
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL, J.
Prabal Titus – Appellant
Versus
State of Punjab – Respondent
CRM-M No. 30225 of 2024
Decided On : 19-06-2024
For the Appearing Parties :Mr. Kanwalvir Singh Kang Advocate, Mr. N.S. Diwana Sr. DAG, Punjab, Mr. Deepak Singh Saini Advocate
IMPORTANT POINT
The court established that the right to education is fundamental, requiring authorities to ensure that detained individuals can attend examinations.
Headnote:
Education - Custodial Rights - Section 482 Cr.P.C. - The court emphasized the fundamental right to education, ruling that detained individuals must be allowed to attend examinations, ensuring their rights under Article 21 of the Constitution are upheld.
Fact of the Case:
The petitioner, a student in custody for serious charges, sought permission to attend his LLM exams, arguing that his right to education was being violated. The lower court denied his request due to lack of an admit card, which the petitioner contended was unnecessary.
Finding of the Court:
The court found that the lower court's decision was based on a misunderstanding of the university's requirements for examination attendance. It recognized the fundamental right to education and the need for arrangements to allow the petitioner to take his exams.
Issues: Whether a detained individual has the right to attend examinations and if the lower court erred in denying this right based on the absence of an admit card.
Ratio Decidendi: The court held that the right to education is fundamental and that authorities must facilitate the attendance of detained individuals at examinations, as per established legal precedents.
Result: The petition was allowed, and the lower court's order was set aside, directing the authorities to facilitate the petitioner's examination attendance.
JUDGMENT :
Mr. Vikas Bahl, J.(Oral): Present petition has been filed under Section 482 Cr.P.C. praying for issuance of direction to respondents No.1 and 2 to make adequate arrangements to transport the petitioner (in custody) in FIR No.39 dated 10.05.2024, registered under Sections 302 and 120-B IPC, at Police Station I.T. City, Mohali, from District Jail Rupnagar to Examination Centre, Amity University, Sector 82/A, SAS Nagar (Mohali) to enable the petitioner to undertake “Master of Laws L.L.M. (Corporate Laws) Final 2nd Semester Examination’ scheduled from 20.06.2024 to 26.06.2024 at Amity University, Mohali. Further, a prayer has been made for setting aside the order dated 14.06.2024 passed by the Judicial Magistrate 1st Class, SAG Nagar in CRM-1136-2024 titled as Prabal Titus Vs. State of Punjab (Annexure P-10) wherein permission for transportation of petitioner to undertake examination has been denied.
2. Learned counsel for the petitioner has 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, at Police Station Aerocity, Mohali. It is further submitted that the petitioner had voluntarily submitted himself before the police in the evening of 10.05.2024 and reference has been made to an email dated 10.05.2024 (Annexure P-2) sent by the petitioner to the police authorities prior to his appearing before Mohali Police and that on 16.05.2024, the petitioner was sent to judicial custody and is presently confined in Rupnagar Jail. It is also submitted that the petitioner had moved an application for preservation of vital electronic records such as CCTV footage of the incident and the Judicial Magistrate 1st Class, vide order dated 29.05.2024 was pleased to allow the said application and had directed preservation of all the vital electronic evidence and it is the case of the petitioner that the CCTV footage would help in showing that he is innocent. Learned counsel for the petitioner has further emphasized 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 and has already completed his 1st Semester LLM (Corporate Laws) Exams from Amity University, Mohali and was studying in 2nd Semester (Final) LLM (Corporate Laws) from Amity University Mohali, Enrolment Number A26701823011, (LLM Academic Year 2023-2024) and the exams of the petitioner for the said semester had been notified to be held from 20.06.2024 to 26.06.2024. It is further stated that the petitioner was also the Class Representative of LLM (Corporate Laws). Learned counsel for the petitioner has referred to the date-sheet, the relevant portion of which has been reproduced in para 6 of the petition and has submitted that the petitioner is required to undertake four exams as have been detailed in para 6 of the petition. It is argued that the petitioner has done 25 courses from various Foreign Universities relevant to his legal studies and details of the same have been given in para 7 of the petition. It is further argued that in order to give the said exams, the petitioner had moved a detailed application dated 13.06.2024 (Annexure P-9) before the Judicial Magistrate 1st Class, SAS Nagar, Mohali, but the Judicial Magistrate 1st Class, Rupnagar vide order dated 14.06.2024 (Annexure P-10) had dismissed the said application primarily on the ground that the petitioner had not been able to place on record any ‘Admit Card’ issued by the Amity University, Mohali of the examination/roll number from where it could be ascertained that the petitioner had qualified all the conditions as specified by the concerned University in order to appear in the said exams. It is submitted that however liberty was granted to the petitioner to produce the admit card along with the application befo
