'A Person Under Detention Can't Be Prevented From Taking Examination'. J&K HC Directs Govt. To Facilitate Appearance Of Detenu In Exam [Read Order]

The Single Bench of Justice Sanjay Dhar observed,

"a person under detention cannot be prevented from taking the examination, unless there are pressing circumstances, which may even involve the security of the detenu itself."

Notably, an application seeking a direction for shifting of detenu from District Jail, Bhaderwah to District Jail Baramulla or Central Jail, Srinagar was filed before the Jammu & Kashmir High Court.

The application was filed before the Court so as to enable the detenu Omer Akbar Mir, to take Class 12^th Examination commencing from 22nd of September, 2020.

It was submitted by the Counsel for the Petitioner that in case the petitioner is not permitted to appear in the examination, he would lose one year of his career.

Upon verification, the counsel for the respondents also certified that the examination of the detenu is going to take place from 22nd of September, 2020.

The Court while allowing the application of the Detenu, directed,

"The respondents are directed to make requisite arrangements to facilitate the appearance of the detenu in examination scheduled from 22nd of September, 2020."

Case Details:

Case Title: Omer Akbar Mir v. UT of J&K & Ors.

Case No.: CM No.561/2020 in WP(Crl) No.617/2019

Quorum: Justice Sanjay Dhar

Appearance: Advocate B. A. Tak (For the Petitioner);: Dy. AG. Asif Maqbool (For the Respondents)

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