New Delhi: The Allahabad High Court, in the case ‘Vice Chancellor Aligarh Muslim University Aligarh and 4 Others v. Adil Khan’ ruled that in the Indian legal system, a convicted person has the right to continue his or her studies and take examinations while in prison to reintegrate into society.
The remark was made in response to a petition filed by Adil Khan, a rusticated law student who was denied permission by the University Administration to complete his Bachelor of Arts and Bachelor of Legislative Law (BA LLB) course at Aligarh Muslim University.
Adil Khan, a student in the BA-LLB 7th Semester who was rusticated and expelled from the university in 2019 for five years based on indiscipline, filed a writ petition, which the court was hearing.
The student gave his unconditional and unqualified commitment to follow the rules, and uphold peace, harmony, and strict discipline on the University campus, inside and out. Khan also promised to be a model student during the court proceedings in which he was seeking permission to continue his studies.
In addition, the student’s attorney had previously argued that the indiscipline charge’s sole basis was more indicative of a criminal case against the student that is still pending and in which he has not yet been found guilty.
Furthermore, he had informed the court that the student’s “past conduct” had been flawless aside from two connected criminal cases in which the student had been charged.
The Justice Neeraj Tiwari bench noted that it had taken into account the earlier submissions as well as the University’s most recent affidavit stating that, aside from the two cases in question, the student had no prior criminal history
“…it is undisputed that in Indian Legal System, a convicted person also has right to pursue his study and appear in examination from the Jail to enter into the mainstream of social life. The punishment given to any person should have been reformative and not prejudicial.” (sic)
According to the court, preventing the student from finishing his BA LLB course could ruin his career. As a young student, he must be given a chance to turn things around if he veered off course, and pick the right course in life.
The Court stated that denial would defeat the purpose of reformative punishment.
