Kerala High Court permits two murder convicts in jail to attend LL.B classes via online mode

The Kerala High Court recently permitted two murder convicts who are serving life imprisonment, to attend LLB classes from the academic year 2023-24 through online mode from prison [Pattakka Suresh Babu v. State of Kerala]..A division bench of Justices AK Jayasankaran Nambiar and Kauser Edappagath underscored that the aims of imprisonment include reformation and rehabilitation apart from deterrence.“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,” said the High Court in its order of November 3. .The High Court further said that ensuring prisoners to have access to education is essential to achieving the reformative and rehabilitative objectives of imprisonment.“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,” added the High Court.It highlighted Rule 104 of the United Nations Standard Minimum Rules for the Treatment of Prisoners which states the importance of education and training for prisoners..The High Court was considering the bail application of two life convicts who were convicted and sentenced to life imprisonment for murder under Section 302 of the Indian Penal Code (IPC).Both the life convicts cleared the entrance examination for the LLB Course conducted by the Kerala Law Entrance Commissioner for the academic year 2023-24.One of them secured admission at KMCT Law College in Malappuram for the three-year LL.B course while the other secured admission to Sree Narayana Law College at Poothotta for the five-year LL.B course.Both of them then approached the High Court seeking suspension of their sentence and prayed that they be released on bail for pursuing higher studies..Initially, the High Court by way an interim order passed on October 6, permitted one of the petitioners to complete admission through online mode and also directed the wife and brother of the applicants to appear at the college with the required documents and to pay the fee.The High Court acknowledged that the admission process was now complete..The standing counsel for the Calicut University and MG University under which the respective colleges fell, opposed the plea to appear for classes via online mode.In this regard, they relied upon the UGC (Open and Distant Learning Programmes and Online Programmes) Regulation of 2020 to argue that attending LL.B Course through online mode is prohibited.The standing counsel for the Bar Council of India submitted that only candidates who have passed a regular course of LL.B from a recognised University is entitled to enrol as an advocate. In this regard, reliance was placed on Rules 2(xxiii) and 12 of the Bar Council of India – Rules of Legal Education, 2008However, the principals of the respective colleges took the stand they will permit the applicants to attend the classes online if the Court passes an order to that effect..The High Court after referring to various precedents and international treaties observed that education is the most potent mechanism for the advancement of an individual.Regarding the UGC Regulations, the Court said that prohibition on online classes in the said Regulations is a general one which operates against institutions to prevent it from providing LL.B Courses under online mode.It cannot be seen as prohibiting a student from attending the course through online mode in peculiar circumstances, the Court ruled."Permitting a particular student to attend the course online in exceptional cases like the present would not in our opinion violate the above Regulation," the order said.Since the appellants are confined to jail, they are unable to attend the course physically and hence, their presence through online mode can be treated as equivalent to attending the course in regular offline mode, the Court said. Therefore, the High Court permitted both the life convicts to attend classes through online mode."The applicants can also be permitted to be physically present at the college whenever their physical presence is necessary and indispensable for practical training or attending examinations," the Court added.It, therefore, directed the jail superintendents of both jails and the principals of both colleges to make necessary arrangement to enable the two convicts to attend classes online."Whenever the physical presence of the applicants is insisted by the college/university for attending moot court, seminar, workshop, internship programme, examination or any other practical training, the Jail Superintendent is directed to release them on interim bail for the required period on executing a bond for ₹1 lakh with two solvent sureties. The applicants shall file an application to that effect before the jail superintendent with supporting document from the college/university," the Court further directed..Advocate Nandagopal S Kurup appeared for the convict while advocate EC Bineesh represented the State..[Read Order]