Convicted Person Also Has Right To Study, Appear For Exam From Jail, Says Court


The Allahabad High court has fixed August 17 for further orders.

Allahabad:

The Allahabad High Court has observed that in the Indian legal system a convicted person also has the right to pursue his study and appear in examinations from the jail to enter into the mainstream of social life.

Justice Niraj Tiwari on Tuesday directed the Aligarh Muslim University to inform the HC on the next date about the modalities as to how the petitioner would complete his BA LLB course to save his educational career without disturbing the discipline of varsity.

Petitioner Adil Khan was a rusticated law student who was denied permission to complete his BA LLB course by the University Administration.

As per facts of the case, the petitioner, a student of BA LLB five years course, had appeared in the 7th semester examination, but the result of the said semester was not declared. In the meantime, petitioner was rusticated by the University vide order dated September 4, 2019.

Further, the petitioner has also given an affidavit for maintaining discipline and good conduct.

The court in its order observed, “Apart from that, it is undisputed that in the Indian Legal System, a convicted person also has the right to pursue his study and appear in examinations from the Jail to enter into the mainstream of social life. Punishment given to any person should have been reformative and not prejudicial. Denying the petitioner to complete his BA LLB course may ruin his career.”

The court further observed, “Certainly, petitioner is a young student and he must have been given a chance to correct himself and choose the right path of life. In the present case, admittedly, petitioner is not a convicted person and has right to complete his studies, therefore, respondent-University is directed to inform the Court on the next date fixed about the modalities as to how petitioner would complete his BA LLB course to save his educational career without disturbing the discipline of University.”   

The court has fixed August 17 for further orders.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)



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