'Would Cause Irreparable Loss If Not Allowed': Punjab & Haryana High Court Allows Prisoner Accused In Murder Case To Appear For LLM Exam

The Punjab & Haryana High Court has allowed an accused imprisoned in a murder case to appear in the LLM exam, observing that if he is not allowed, then "irreparable loss" would be caused.

Justice Vikas Bahl noted that the prisoner has been a meritorious student, attained good grades in LLB and has also done 25 courses from various Foreign Universities.

The Court opined that "in case the petitioner is not permitted to give 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 jeopardize his future, therefore, the present petition is allowed."

Prabal Titus, an accused in the murder case filed a 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. The plea also challenged the order passed by the Judicial Magistrate wherein it rejected his plea to undertake an examination.

The counsel for the petitioner submitted that Titus voluntarily submitted himself before the police after the alleged incident of murder.

It was also submitted that the petitioner had moved an application for the preservation of vital electronic records such as CCTV footage of the incident and the Judicial Magistrate allowed the said application and had directed the 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.

After hearing the submissions, the Court referred to the Andhra Pradesh High Court's decision in Ullipudi Mukunda Rao Vs. Sub-Inspector of Police and others, [2003(5) SLR 769] 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 lose 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.

Justice Behl noted that the petitioner has been a meritorious student and has already done an LLB graduate course from Chandigarh University in the year 2023 with an 8.01 CGPA out of 10 and has also done 25 courses from various Foreign Universities.

The Court said that the Judicial Magistrate had rejected the same "without considering the law on the point and by observing that the petitioner had failed to produce the Admit Card of the examination/roll number from where it could be ascertained that the petitioner has qualified all the conditions as specified by concerned University to appear in examination."

While noting that the petitioner is ready to pay the expenses, the Court allowed the plea and issued a slew of directions to him, State authorities and the University for facilitating his appearance at the exam centre.

Mr. Kanwalvir Singh Kang, Advocate for the petitioner.

Mr. N.S. Diwana, Sr. DAG, Punjab.

Mr. Deepak Singh Saini, Advocate for respondents No.3-University

Case: Prabal Titus v. State of Punjab and others

Citation: 2024 LiveLaw (PH) 221

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