VERDICTUM.

IN
Neutral Citation No:=2024:PHHC:080312

CRM-M-30225-2024 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH
(109)
CRM-M-30225-2024
Date of decision: - 19.06.2024
Prabal Titus
....Petitioner

Versus

State of Punjab and others

.....Respondents

CORAM : HON'BLE MR. JUSTICE VIKAS BAHL

Present:- 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.

****

VIKAS BAHL, J. (ORAL)

1. 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

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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

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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 before the Jail Superintendent, Rupnagar, who

could consider the same as per law and jail rules and a copy of the said

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order had been forwarded to the jail authorities. Learned counsel for the

petitioner has referred to the letter dated 17.06.2024 (Annexure P-11)

written to the Registrar, Amity University, Punjab, seeking a clarification

to the effect that no admit card was required and the Enrollment ID card

was sufficient for him to appear in the LLM (Corporate Law) 2nd Semester

Final Examination. Reference has also been made to the response of the

University dated 17.06.2024 (Annexure P-12), in which, it has been stated

by the University that the University does not issue any separate Admit

Card for appearing in the examination and that the student can appear in

the examination by showing the student ID card which has already been

issued by the University to the student. It is submitted that thus, the

impugned order has been passed on a wrong premise. It is further

submitted that in pursuance of the liberty granted in the impugned order,

the petitioner had even moved an application before the Jail Authorities,

vide email dated 17.06.2024 (Annexure P-13), but the Superintendent,

District Jail, Rupnagar, vide reply dated 18.06.2024 addressed to the

Judicial Magistrate 1st Class, Mohali had stated that the jail manual only

permitted the petitioner to be provided the facilities for preparation of

studies inside the jail premises and the jail Superintendent on his own

could not send the applicant outside the jail for the purpose of his

examination, at his own level and therefore, requested the Hon'ble Court

to issue appropriate directions to enable the applicant to continue his

education. It is stated that thus, left with no other alternative, the

petitioner has filed the present petition and that it has been repeatedly

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held by various Courts that “Right to Life” is the compendious expression

for all those rights which the Courts must enforce because they are basic

to the dignified enjoyment of life and that the right to education flows

directly from the right to life. In support of the said arguments, learned

counsel for the petitioner has relied upon a judgment of the Division

Bench of the Andhra Pradesh High Court in “Mullipudi Mukunda Rao

Vs. Sub-Inspector of Police and others, reported as 2003(5) SLR 769 as

well as a judgment of the Delhi High Court in “Benzi Takhellambam Vs.

State”, reported as 2019(2) JCC 1626.

3. Learned counsel appearing for the State has submitted that

since the petitioner is involved in a case under Section 302 IPC, thus, the

petitioner, if at all is permitted to give the exams, be taken in police

custody and for the same, the petitioner be directed to pay adequate

expenses. It is further submitted that any order passed by this Court

should not be deemed to be an opinion on the merits of the criminal case.

4. Learned counsel appearing on behalf of respondent No.3-

University has also reiterated the fact that in case the petitioner is to be

allowed to give the above-said exams, which have been highlighted in the

petition, then, the same should be done in police custody. It is submitted

that in the email dated 17.06.2024, the respondent-University has clarified

that no separate Admit Card for appearing in the examination was

required and thus, in case the petitioner has the student ID card, the

petitioner would be permitted to give the exams on the basis of the said

ID Card.

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5. Learned counsel for the petitioner in rebuttal has fairly

submitted that the petitioner would deposit Rs.75,000/- as expenses with

respondent No.2 on or before 20.06.2024 and has prayed that the

petitioner be permitted to give the said exams in police custody.

6. This Court has heard learned counsel for the parties and has

perused the paper-book.

7. The Division Bench of the Andhra Pradesh High Court in

Mullipudi Mukunda Rao's judgment (supra), after placing reliance on

the judgment of Hon'ble Supreme Court in D.K. Basu Vs. State of W.B.,

reported as AIR 1997 Supreme Court 610, had observed that the Hon'ble

Supreme Court in the light of Article 21 of the Constitution had laid down

the requirements to be followed in all cases of arrest and detention and in

case one goes by these requirements or directions, then, the only

conclusion that emerged was that the Hon'ble Supreme Court was very

particular in ensuring safety, health, fundamental and human rights of the

detained or arrested persons. The Division Bench further 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 loose 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. The relevant

portion of the said judgment is reproduced herein below: -

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“In D.K. Basu's case (D.. Basu Vs. State of W.B. AIR
1997 Supreme Court 610), the Supreme Court considered the
whole gamut of the citizens in custody. Though it dealt in detail
with custodial violence but it also dealt with protection of
fundamental rights and human rights. The Supreme Court dealt
in extensive with the fundamental rights and human rights of
criminals/detenus vis-a-vis the duties of the police in the light of
Article 21 of the Constitution and finally laid down the
requirements to be followed in all cases of arrest and detention
till legal provisions were made. These requirements are 11 in
number and if one goes by these requirements or directives one
comes to the only conclusion that the Supreme Court was very
particular in ensuring safety, health, fundamental and human
rights of the detained or arrested persons. In the factual
circumstances of this case we envisage that there are occasions
where people are arrested by police, on suspicion or committing
crime, who have to appear either an examination or an interview
seeking a job. Because of them being in custody if they loose the
chance an irreparable loss may occur to them. Right to pursue
education is a fundamental right. Therefore, we direct that in
case a person is taken into custody and is in policy custody it
shall be the duty of the Police concerned to make arrangements
for such person to appear in the examination. Similarly, if a
person has to appear for an interview for the purpose of
securing a job it shall be again the duty of the police concerned
to make arrangements for such detenu to appear before the
Selection Committee. These directions will also apply to the
Magistrates in case the detenus are in judicial custody.”

8. To the similar effect is the judgment of the Hon'ble Delhi

High Court in Benzi Takhellambam's (supra), in which also, the

petitioner therein was permitted to take his exams while in custody.

9. The law laid down in the above-said judgments fully

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supports the case of the present petitioner. A perusal of para 5 as well as

para 7 of the petition would show that the petitioner has been a

meritorious student and has already done LLB graduate course from

Chandigarh University in the year 2023 with 8.01 CGPA out of 10 and

has also done 25 courses from various Foreign Universities. It is the case

of the petitioner that the petitioner himself had gone to the police on the

evening of 10.05.2024 when the incident had taken place and has referred

to Annexure P-2 in the said regard. An application was also filed by the

petitioner before the Judicial Magistrate 1st Class, SAS Nagar, dated

13.06.2024 (Annexure P-9) seeking the relief which is being sought in the

present petition. The Judicial Magistrate 1st Class, Mohali 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. The letter dated 17.06.2024 (Annexure P-11) as well as

the email dated 17.06.2024 (Annexure P-12) written by the University to

the petitioner clearly shows that there was no requirement for the issuance

of a separate Admit Card and the petitioner could be permitted to appear

by showing the Enrolment ID Card. The relevant portion of the said email

dated 17.06.2024 (Annexure P-12) is reproduced herein below: -

“The information sought is as under: -

● Amity University Punjab does not issue any separate
Admit Card for appearing in the examination.
● The student can appear in the examination by showing the
student ID Card which was already issued by the

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University to the student.

● The Date sheet mentioning the Date & Time regarding the
End Semester Examination subjective (LL.M) has already
been given to you by hand on 12-6-2024.”

The said stand of the University has not been disputed before

this Court.

10. The liberty granted in the impugned order to move an

application before the Jail Superintendent, Rupnagar was also availed by

the petitioner, but the same was not acceded to as is apparent from the

letter dated 18.06.2024 written by the Jail Superintendent stating that at

his own level, he could not send the applicant outside the jail for purposes

of his examination and had requested the Hon'ble Court to issue necessary

directions in the said regard.

11. The petitioner is required to give the following four exams as

per his prayer: -

S.No. Course Subject Exam Date & Time

Code
LAW616 Mergers and 20.06.2024 from 10:15 a.m. to 11:10 a.m.
1 Acquisitions
LAW618 Law relating to 21.06.2024 from 10:15 a.m. to 11:10 a.m.
Cyber Space and
2 E-Commerce
3 LAW613 Competition Law 25.06.2024 from 10:15 a.m. to 11:10 a.m.
LAW608 Law and Justice in 26.06.2024 from 10:15 a.m. to 11:10 a.m.
4 Globalizing World

12. It has been fairly submitted on behalf of the petitioner that he

is ready to pay the expenses for the same.

13. Keeping in view the above-said facts and circumstances, this

Court is of the view that in case the petitioner is not permitted to give the

said exams, then, the same would cause irreparable loss to the petitioner,

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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 and the impugned order dated 14.06.2024 is set aside with the

following directions: -

(i) Petitioner would deposit an amount of Rs.75,000/- in the

appropriate account/place as per the directions of respondent

No.2 on or before 20.06.2024.

(ii) Respondent No.2 would depute adequate number of police

personnel for taking the petitioner from District Jail

Rupnagar to the Examination Centre at Amity University,

Sector 82-A, SAS Nagar, Mohali on the days on which the

four exams, the details of which have been given herein-

above, are to be held. Since each of the four exams would be

starting at 10.15 AM, the concerned police personnel would

take the petitioner to the examination centre at a time so as to

reach the examination centre by 09.15 AM so that the

petitioner has adequate time to appear in the exams.

(iii) After each exam is over, the police personnel, who have been

deputed by respondent No.2, would take the petitioner back

to the District Jail Rupnagar and the said process would be

repeated for each of the four exams.

(iv) Respondent No.3-University is directed to permit the

petitioner to take the said four exams on the petitioner

showing his Identity Card.

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(iv) Respondent No.3-University is further directed to ensure that

the police personnel accompanying the petitioner are allowed

to sit in a place where the petitioner is visible to them

through out the duration of the examination and even the

concerned police personnel are directed to keep a strict vigil

on the petitioner so that the petitioner does not escape.

June 19, 2024 ( VIKAS BAHL )

naresh.k JUDGE

Whether reasoned/speaking? Yes

Whether reportable? Yes

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