Detainee can’t be prevented from taking exam: HC

Asks Govt To Facilitate Sopore Youth’s Exam Lodged In Bhaderwah Jail

Srinagar: A person under detention cannot be prevented from taking the examination unless there are pressing circumstances, the Jammu and Kashmir High Court on Tuesday directed government to facilitate appearance of a young detainee from Sopore in the 12th class examination.

A bench of Justice Sanjay Dhar passed the directions after hearing an application on behalf by one Omer Akbar Mir, seeking a direction for shifting of him from District Jail Bhaderwah to District Jail Baramulla or Central Jail, Srinagar, so as to enable him to write examination commencing from September 22.

A resident of Mir Mohalla Brath Kalan Sopore, the detainee as per his counsel has to appear in Class 12th examination for which revised date sheet has been issued. The counsel submitted that in case Omar is not permitted to appear in the examination, he would lose one year of his career.

Upon verification, government counsel certified that the examination of the detainee is going to take place from September 22.

“In view of the submissions made and the documents placed on record, I am of the view 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,” the court said as per GNS, directed government to make requisite arrangements to facilitate appearance of Omar in examination scheduled from September 22. “Main petition be listed on 12.10.2020. By that date, respondents shall file the counter affidavit,” the court added. (GNS)

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