Detenue Allowed to Appear in Exam

The Latest High Court Judgment is of the High Court of Jammu and Kashmir, has held that a detenu could not be prevented from appearing for the class 12th exam unless there were such circumstances that involved the security of the detenu itself.

Brief Facts of Omer Akbar Mir vs UT of J&K & Ors. are as follows:

The petitioner filed an application through which he sought a direction against the respondent, for the shifting of detenu from District Jail Bhaderwah to District Jail Baramulla or Central Jail, Sri Nagar to enable the detenu Omer Akbar Mir S/O Mohammad Akbar Mir to appear for the class 12th exam commencing from 22nd of September 2020.

SUBMISSION OF THE PETITIONER

The petitioner contended that the revised date sheet for the class 12th exam had already been issued and if the petitioner was not allowed to appear for the exam, he would lose one year of his career. The respondents also confirmed that the exam of the detenu would be taking place from 22nd September 2020.

 OBSERVATION OF THE COURT

The Court observed that “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.” Thereafter, the Court directed the respondents to make requisite arrangements to facilitate the appearance of the detenu in Examination scheduled from 22nd of September 2020.

Case Details:

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

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

Date of Order: 21.09.2020

Quorum: Justice Mr. Sanjay Dhar

Appearances: Advocate B.A. Tak for the petitioner,  Asif Maqbool, Dy AG for the respondents

(Story By Rohit Mathur Intern)

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