Kerala High Court Permits Murder Convict To Join LLB Course Despite Objection By College

Justice Bechu Kurian Thomas observed that the stance taken by the college in opposing the admission of a convict to pursue his education would not be tolerated.

“The education of a convict can bring hope and aspirations for a better life in the future. Thus, when the prisoner expresses his willingness to undergo a course of study and has even gained admission after a competitive examination, the objection raised by the college cannot be countenanced and on the other hand, is to be deprecated.”

The petitioner who was a murder convict from the Central Prison Kannur has approached the Court for enabling him to join for 3-year LLB course. The petitioner who cleared the entrance exam got admission for pursuing his LLB at KMCT Law College, Malappuram. As he was not granted leave to join the college, he has approached the Court with a writ petition.

The Counsel for the college opposed the writ petition and stated that granting admission to convicts would affect the discipline of the college. Relying upon TMA Pai Foundation and Others v State of Karnataka and Others (2002), it was argued that minority institutions cannot be compelled to admit students against their choice.

The Court referred to the recent decision of the division bench in Pattakka Suresh Babu v. State of Kerala (2024) wherein two convicts were permitted to undergo LLB course in online mode. In that case, the Court had stated the importance of striking a balance between the interests of society and the rights of convicts to pursue their education as part of their fundamental rights.

The Court found that in Pattakka Suresh Babu (supra), the principal of the college had expressed his willingness to permit the convict to study. However, in the present case, the same principal has raised his objections in permitting the convict to study on legal grounds. The Court stated that the discriminatory stance now adopted by the college cannot be countenanced.

Referring to the decision in TMA Pai (supra), it stated that minority institutions cannot reject admission to students based on arbitrary, whimsical and fanciful grounds. This is especially so because in Pattakka Suresh Babu (supra), the convict therein was admitted to the same college for the same course, the Court stated.

The Court stated that the criminal jurisprudence system in our country is based on the idea of reformation and not deterrence or retribution. It stated that when a convict voluntarily wants to pursue his education, it creates an opportunity for him to reform and get back to a normal life in society.

“Rehabilitation of a convict can pave the way for the reformation of the individual and bring him back to civic society. In this context, compulsory education must be viewed in contradistinction to voluntary education. Compulsory education may bring in resentment, while voluntary education may pave the way for the reformation of the individual. Therefore, when a prisoner has expressed his willingness to undergo a course of study, especially that of law, it creates an opportunity for reforming the individual and may enable him to come back to society, upon his release, if it happens.”

The Court thus directed the college to complete the admission process and make necessary arrangements for the petitioner to pursue his LLB course in online mode. It also directed the jail authorities to arrange for escort leave for the petitioner to complete the remaining admission process.

Accordingly, the writ petition was allowed.

Counsel for the petitioner: Advocates Sunny Mathew, Anooj J

Counsel for the respondents: Public Prosecutor Sreeja V, Senior Advocate Kurian George Kannanthanam, Advocates Saneer PM, Tony George Kannanthanam

Citation: 2024 LiveLaw (Ker) 71

Case title: Karuvangadan Mukthar @ Muthu v The Superintendent

Case number: WP(CRL.) NO. 1037 OF 2023

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