Convicts Have Right To Pursue Studies, Appear In Examinations From Jail; Observes Allahabad HC

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Convicts Have Right To Pursue Studies, Appear In Examinations From Jail; Observes Allahabad HC

Justice Niraj Tiwari directed AMU 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 the institution.

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The Allahabad High Court (HC) in Uttar Pradesh (UP) on Tuesday (August 2) observed that the Indian legal system guarantees a convicted person the right to pursue his/her studies and appear in examinations from jail to set foot in the mainstream of social life.

Justice Niraj Tiwari directed Aligarh Muslim University, the public central varsity in UP, to inform the HC on the next date about the modalities as to how the petitioner would complete his Bachelor of Arts - Bachelor of Legislative Law (BA LLB) course to save his educational career without disturbing the discipline of the institution.

What Is The Matter?

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

According to the facts of the case, Khan, a student of BA LLB five years course, had appeared in the 7th-semester exam, but the result of the said sem was not declared. In the meantime, the petitioner was rusticated by the university vide order dated September 4, 2019.

Further, Khan has also given an affidavit for maintaining discipline and good conduct, reported NDTV.

What Did The Court Say?

The HC, 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. The 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 HC further stated that the petitioner is a young student and must have been given a chance to correct himself and opt for the right path in life.

The court added that in the present case, admittedly, the petitioner is not a convicted person and has the right to complete his studies; therefore, respondent-University has been directed to inform the HC on the next date fixed about the modalities as to how the petitioner would complete his BA LLB course to save his educational career without disturbing the discipline of university.

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