Case Note & Summary
The petitioner, Amit Gajanan Gandhi, was a convict serving life imprisonment under Section 302 of the Indian Penal Code, 1860, since July 1998. He had taken admission to the LL.B. (Three-Year Course) First Semester at Dr. B.R.A. Law College, Nagpur, for the academic year 2010-11, as evidenced by a receipt dated 25th August 2010. He filed a criminal writ petition seeking permission to appear for the examination by being released on furlough or by being provided police escort. The court, presided by Justices A.H. Joshi and A.R. Joshi, heard the matter and considered the petitioner's claim. The court noted that the petitioner had placed on record the receipt showing his admission. The court directed the respondents to consider the petitioner's request for release on furlough or, alternatively, to provide police escort to enable him to appear for the examination. The court emphasized that the right to education is a fundamental right under Article 21 of the Constitution of India and that prisoners retain all rights except those necessarily curtailed by their incarceration. The court disposed of the petition with these directions, ensuring that the petitioner's educational pursuit was not hindered by his imprisonment.
Headnote
A) Prison Law - Right to Education - Furlough for Examination - Convict undergoing life imprisonment sought permission to appear for LL.B. examination - Court held that right to education is a fundamental right under Article 21 and directed respondents to consider release on furlough or provide police escort for examination - Held that prisoners retain all rights except those curtailed by incarceration (Paras 1-5).
Issue of Consideration
Whether a life convict can be allowed to appear for LL.B. examination by releasing him on furlough or by granting police escort.
Final Decision
The court directed the respondents to consider the petitioner's request for release on furlough or, alternatively, to provide police escort to enable him to appear for the LL.B. examination. The petition was disposed of accordingly.
Law Points
- Right to education of prisoners
- Furlough for educational purposes
- Police escort for examination
- Article 21 of Constitution of India
- Prisoners' rights
