Bombay HC upholds 69-yr-old undertrial's right to education, waives escort fee

NAGPUR: An undertrial prisoner cannot be deprived of the right to education merely because of incarceration, the Nagpur bench of the Bombay high court has ruled, directing prison authorities to allow a 69-year-old inmate lodged in Nagpur Central Prison to appear for his LLB examination without charging escort fees.

Purushottam Kumar Sinha had approached HC seeking permission to appear for the Summer 2026 LLB second-semester examination, arguing that exorbitant escort charges effectively denied him access to education and violated his rights under Article 21 of the Constitution.

The court directed Nagpur Central Prison authorities to escort the petitioner to the examination centre and deploy security personnel during travel and the examination period. Justices Urmila Joshi Phalke and Nivedita Mehta also instructed BRA Law College to provide a separate hall and invigilator for Sinha while permitting a security cordon during the examination.

According to the petition, Sinha secured admission to the three-year LLB course through MH-CET in 2022 and completed his first-semester examination before his arrest in a case registered at Koradi police station.

The court was told he had earlier been unable to appear for examinations because of the heavy financial burden of escort arrangements.

Public prosecutor SS Hulke argued that Sinha had the alternative remedy of seeking temporary bail to appear for the examination, but the HC rejected the objection.