Delhi HC Directs NIOS To Transpose Exam Centre Of Riots Accused To Mandoli Jail

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The Delhi High Court has recently directed the National Institute of Open Schooling to relocate the examination center for Saleem Khan, an accused in the 2020 Delhi riots conspiracy case, to Mandoli Jail, where he is currently incarcerated.

Khan requested four weeks of interim bail to prepare for his upcoming Class 12 examinations, which begin on October 29.

A division bench led by Justice Navin Chawla issued the order on Friday, emphasizing the need for the NIOS to accommodate the change.

The bench stated, “Keeping in view that the examination of the appellant is scheduled to start, at the request of the learned counsel for the appellant, we direct the NIOS to change the examination centre of the appellant to Mandoli Jail.”

The court specified that Khan, being in custody, must deposit the required fees for the examination within a week, either personally or through a representative. However, the bench clarified that the NIOS should proceed with the center change without requiring pre-payment from Khan.

During the proceedings, Khan’s counsel highlighted that the request for the center change was made to facilitate the accused’s participation in the exams. Previously, the trial court had dismissed his bail application, noting that an examination center already exists within Mandoli Jail.

Advocate Gautam Khazanchi, representing Khan, argued that there was no justification for the trial court’s refusal to grant interim bail for exam preparation. He explained that the examinations would take place from October 29 to November 26, 2024.

On the opposing side, Special Public Prosecutor Amit Prasad pointed out that a communication from NIOS dated October 22, 2024, confirmed the existence of an examination center at Mandoli Jail. He asserted that the center could be changed either at Khan’s request or upon the court’s directive.

Prasad further argued that there was no reason to grant interim bail since Khan’s appeal against the rejection of his bail application is set to be heard on November 25.

It is worth noting that Khan had previously been granted interim bail under different circumstances, reflecting the court’s consideration of the complexities surrounding his case.

The ongoing legal proceedings and the arrangements for Khan’s examinations illustrate the delicate balance between judicial oversight and the rights of individuals in custody.