'Prisoner Has As Much Right To Study As Person Outside Confines Of Jail': Kerala High Court Permits Two Life Convicts To Attend Online LLB Classes

The Kerala High Court has called for the integration of technology in the criminal justice dispensation system in order to permit two life convicts to attend LL.B. classes in the online mode for the academic year 2023-24. 

The Division Bench comprising Dr. Justice A.K. Jayasankaran Nambiar and Dr. Justice Kauser Edappagath, emphasized upon the importance of education in reforming and rehabilitating prisoners. 

"...a convict is entitled to basic human rights and has the right to live with dignity in jail. The prisoners’ right to education is a human right grounded in the right to dignity. A prisoner has as much a right to pursue study as a person free from the confines of jail. The aims of imprisonment include reformation and rehabilitation apart from deterrence. Education can contribute to a sense among prisoners that they remain a part of the wider community. Prison education can provide a source of hope and aspiration whilst making purposeful use of time in detention. It also helps them lead better lives once they are free. Thus, ensuring that prisoners have access to education is essential to achieving the reformative and rehabilitative objectives of imprisonment as well," the Bench observed. 

The Court in this case was dealing with the pleas of two life convicts seeking suspension of the execution of their sentence and release on bail, so as to enable them to pursue higher studies by invoking section 389(1) of Cr.P.C.

The applicants had cleared the entrance examination for the LL. B Course conducted by the Kerala Law Entrance Commissioner for the academic year 2023-24, and had secured admissions at KMCT Law College, Kuttippuram, Malappuram, for the three-year LL. B Course, and at Sree Narayana Law College, Poothotta, Ernakulam, for the five-year LL. B Course, respectively. 

The Court had earlier directed the concerned college authorities to complete the admission process to the course in the online mode, and had directed the wife and brother of the applicants to appear at the college with the required documents and to pay the fee. The Court was informed that the admission process had been completed, and classes were set to commence on November 6, following the applicants sought suspension of execution of their sentence. 

The Standing Counsel for the Universities averred that as per the UGC (Open and Distant Learning Programmes and Online Programmes) Regulations, 2020, attending LL.B. Classes through online mode is prohibited. 

The Principals of the respective colleges however submitted that the applicants could be permitted to attend online classes if the Court so directed. 

Although the Court was of the considered view that education could help reform and rehabilitate the convicts, it refused to suspend the execution of the sentence and grant bail to the applicants to attend the course. It however emphasized that the right of the applicants to pursue the study ought to be honoured. 

"It is necessary to strike a balance between the interests of society and the rights of a convict. We are of the view that without suspending the execution of the sentence, the applicants can be permitted to undergo the classes online utilising the technology available at the jails and the colleges. We believe that in issuing such a direction, we would be doing nothing more than bringing about a meaningful integration of technology into the criminal justice dispensation system of our country," it observed. 

The Court added that permitting a student to attend online classes for the course in exceptional cases such as the present would not be violative of the Regulations, 2020. 

"The appellants being confined to jail are unable to attend the course physically. Hence, their presence through online mode can be treated as equivalent to attending the course in regular offline mode. The Jails in Kerala are equipped with a video conferencing facility. Further, the Principals of both colleges have expressed their willingness to make necessary arrangements to enable the applicants to attend the classes online," it added in this regard. 

It thus permitted the convicts to attend the classes online, and directed the Jail Superintendent of both jails and the Principals of both colleges to make of both colleges to make necessary arrangements for the same. 

The Court further directed that if the physical presence of the applicants was required for attending moot court, seminar, workshop, internship programme, examination or any other practical training, the Jail Superintendent would have to release them on interim bail for the required period on executing a bond for Rs. 1,00,000/- with two solvent sureties. 

The applications were thus disposed of. 

Advocate Nandagopal S. Kurup appeared on behalf of the applicant. 

Citation: 2023 LiveLaw (Ker) 635 

Case Title: Pattakka Suresh Babu v. State of Kerala 

Case Number: CRL.M.APPL.NO.3/2023 IN CRL.A NO.740 OF 2018

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