Kerala High Court directs State to decide on jailed Maoist leader's request to publish book he wrote in prison

The Kerala High Court recently directed the State government to expeditiously consider an application moved by Roopesh TR, the incarcerated leader of the proscribed Communist Party of India (Maoist), seeking to publish a book he authored while behind bars. [Roopesh TR v. State of Kerala & Ors].The Maoist leader is currently lodged in the Viyyur Central Jail pursuant to his conviction in an Unlawful Activities (Prevention) Act (UAPA) case. He is also facing other criminal cases in several states. While in prison, he wrote a book called Bandhitharude Ormakurippukal (Memoirs of the Incarcerated). .Justice VG Arun noted that the Kerala Prisons and Correctional Services (Management) Act and the corresponding Rules do not contain any provision empowering prison authorities or the government to interdict a prisoner from publishing literary works. On the other hand, it contains provisions permitting prisoners to read and write. "The above measures are intended to further the corrective and reformative purposes of the Act. The discussion therefore leads this Court to the definite conclusion that the petitioner's request to publish his book cannot be denied in the absence of deleterious or harmful content," the Court observed..The Court also observed that prisoners are not completely stripped of fundamental rights upon conviction. A prisoner's written work is the product of their internal sovereignty, which is an indelible part of human dignity, the Court opined. "While on the issue regarding a prisoner's right to publish his literary book, it is essential to bear in mind that thoughts and dreams being internal and intangible, are beyond external control or curtailment...This inner sovereignty is a fundamental aspect of human dignity. While some persons require serene locales to give shape to their thoughts, some may be able to do it in the midst of mayhem and a few within the confines of prison. The assimilated thoughts, when written or printed on paper, lose their ephemerality and become permanent and examinable. For prisoners like the petitioner, the examination can be stricter, but never an insurmountable obstacle."The Court said that the examination of the written works of prisoners can be strict, but it cannot be an insurmountable obstacle..Roopesh moved the Court claiming that there was an inordinate delay on the part of the government in deciding his application for permission to publish his book. He alleged that he was facing undue discrimination, as many other prisoners are granted permission to publish their work..The government pleader informed the Court that the State is not standing in the way of publishing the book, but that it is merely doing its due diligence to ensure that the contents of the book are fit for publishing, considering the fact that Roopesh is a UAPA convict. Even though the UAPA does not expressly prohibit publication of books, the contents of the book have to be verified to ensure that they do not promote or incite violence, hatred or disaffection, glorify unlawful ideology or further the objectives of any banned organisation, the State submitted..With a view to balancing Roopesh's freedom of speech and expression and the apprehension regarding the contents of the book, the Court directed the State government to consider Roopesh's application within three months. It also directed the government to keep in mind the observations made by it in this judgment as well as those made by the Supreme Court in other similar cases permitting prisoners to publish books..Roopesh was represented by Advocates Kaleeswaram Raj, Thulasi K Raj, Aparna Narayan Menon, Chinnu Maria Antony, Tarun Philip and Saran Dev PB.Senior Government Pleader Amminikutty appeared for the State. .[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.