LI Network
Published on: January 21, 2024 at 15:50 IST
The Kerala High Court has granted approval for an individual convicted of murder to pursue an LLB course while serving a sentence.
The Court emphasized the significance of education in the reformation of a convict, highlighting the principles of criminal jurisprudence that include not only deterrence and retribution but also reformation.
Justice Bechu Kurian Thomas, presiding over the case, noted that the convict gained admission to the LLB course through a competitive examination. The court deprecated the objection raised by the college against the convict’s admission, stating that rehabilitation of a convict is essential for their reformation and eventual reintegration into civic society.
The Court’s observation emphasized the role of education in fostering hope and aspirations for a better life after release. It recognized the prisoner’s expressed willingness to undergo a course of study, particularly in law, as an opportunity for personal reform and societal reintegration.
In this case, a 38-year-old convict serving life imprisonment at Central Prison, Kannur, sought the Court’s intervention to pursue a three-year LLB course at KMCT Law College, Malappuram. The petitioner requested assistance in completing the admission process, including the grant of emergency leave.
Despite being allocated a seat at KMCT Law College and directed to report on October 11, 2023, the petitioner’s inability to secure leave led him to approach the High Court under Article 226 of the Constitution of India.
The High Court made a crucial distinction between compulsory and voluntary education, asserting that compulsory education might breed resentment, while voluntary education can pave the way for individual reformation.
As a result, the Court directed the authorities and the college to facilitate the admission process for the petitioner in the three-year LLB course. Additionally, arrangements were to be made for the petitioner to pursue his course of study through online mode.
Case Title: Karuvangadan Mukthar vs The Superintendent, Central Prison & Ors.