Thanks To Delhi HC, Murder Accused Takes State Civil Service Prelims [Read Judgment]

A murder accused lodged in Delhi Jail on Sunday was able to attempt the Manipur Civil Service (Combined) Competitive Preliminary Exams 2019 after the Delhi High Court allowed him to travel to Manipur via flight in police custody.

While passing the order, the court was mindful of the poor financial status of the accused as it directed the Prison Department of the Delhi government to bear the cost travel, boarding and lodging of the officers accompanying the accused.

Justice Sanjeev Sachdeva allowed the plea of Benzi Takhellamba, who had moved the court seeking permission to travel to Manipur to take the Manipur Civil Service (Combined) Competitive Preliminary Exams 2019 on Sunday.

Benzi is an undertrial booked under Section 302 IPC. He had sought interim bail to travel to Manipur.

The Public Prosecutor had told the court since the accused was charged for offence of murder and there was sufficient material to show his involvement, there was an apprehension that he might abscond if admitted to interim bail. She, however, had submitted that the accused may be permitted to take the examination in police custody.

At this, the petitioner had said since he was from a poor family and had only his mother to support him, he would not be able to bear the expenses of the police personnel accompanying him to Manipur and can only bear his own cost of travel.

"Keeping in view of the peculiar facts and circumstances of the case and as submitted by learned counsel for the petitioner, the closet train connection from Delhi is Dimapur, Nagaland which takes approximately 44 hours and thereafter by road to Imphal is about 6 – 7 hours. The petitioner would have to be taken by flight as the examination is on Sunday 12.05.2019.

"Accordingly, Superintendent Jail is directed to have the petitioner taken to Imphal by economy flight. The cost of the ticket of the petitioner shall be borne by him, however, the cost of travel, boarding and lodging of the officers accompanying the petitioner shall be borne by the prison Department of the Delhi Government," the court order read.

Justice Sachdeva had also issued a direction to the examination centre to ensure that police personnel accompanying the accused are allowed to sit at a place where he is visible to them throughout the duration of the examination. 

Read the Judgment Here