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The Delhi High Court in its hearing on19th August has issued notice on a plea challenging a condition enforced by the Delhi University stating that the two-year LL.M. programme is available only to students who are not engaged in any employment, trade, profession, business, or occupation. Justice Vikas Mahajan sought response of the University and Bar Council of India (BCI) and listed the matter for hearing on September 25. The plea has been filed by 32 students who are pursuing LL.M at the faculty of law for the session 2024–2026. Their case alleges that the condition is ‘ arbitrary, ultra vires and unconstitutional’. The plea stated:

 On the strength of this aforementioned Notification, the Faculty of Law, University of Delhi by way of rules, imposed an affidavit condition which requires LL.M. (2-year course) students to declare that they will not practise law during the course of their studies. The Petitioners who are already enrolled as advocates submit that this condition is arbitrary, unconstitutional, and directly violates their fundamental rights under Articles 14, 19(1)(g), and 21 of the Constitution.”

They further add that other universities, including the ones that offer more rigorous one-year LL.M. programmes, do not impose such restrictions, allowing students to simultaneously practise law and gain practical experience. This, they argue, places DU’s students at a disadvantage compared to their competing institutions when applying for judicial services or other professional opportunities.

Image Credits: Bar and Bench 

Divyanshi Dusad
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Delhi High Court allows convict Santosh Kumar Singh, serving a life sentence for the rape and murder of Priyadarshini Mattoo, to give his LLM examination.

Terms of parole granted

Justice Mukesh Gupta granted the convict in question, parole for four days till 24th May. Pursuing the second branch of his masters in law from Delhi University, the court verified his claim to appear in the exam. The court also ordered Singh to furnish a bond of Rs 2,000 and surety of the like amount.

He has availed parole in numerous instances. His previous parole lasted from April 17 to May 1 for Personal Contact Programme (PCP), which is a part of his course. On May 15, 2017, he was granted parole for 15 days to write his LLM exams and attend his brother’s wedding.

The reaction of the standing counsel

Delhi government standing counsel (criminal) — Rahul Mehra — opposed the parole plea argued that the purpose of justice is defeated in this modus operandi (way of operating) of taking admission in a course and then asking for parole. The lax in reducing Singh’s punishment from the death penalty to life imprisonment has always been controversial, leading to various protests in the last.

Mehra objected and compared the relief given to prisoners to the distribution of sweets. The court, however, held the view that education is encouraged in prison, as a way of bringing positivity in the jail.

Details of the case at hand

Priyadarshini Mattoo, Singh’s junior, was raped and strangled at her residence in 1996 that led to a 14-year battle of justice, fury, and frustration. In 2006, the high court at the national capital convicted Santosh Singh and sentenced him to death. Subsequently, in 2010, the Supreme Court converted the punishment to life imprisonment. The inability of the judiciary to award speedy justice to Mattoo and her family carries the weight of India’s deepest regrets.

Feature Image Credits: Express File Photo

Image Credits: Outlook, Aditya Raj Kaul

Raabiya

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