Right to live life with dignity under Article 21 of the Constitution extends to prisoners too: Kerala High Court permits two perionsers to attend offline college
CASE NAME: PATTAKKA SURESH BABU V STATE OF KERALA
CASE NUMBER: RL.M.APPL.NO.3/2023 IN CRL.A NO.740 OF 2018
DATE: 3.11.2023
CORAM: A.K.JAYASANKARAN NAMBIAR, KAUSER EDAPPAGATH, JJ
Introduction
In a recent judgement, the Kerala High Court allowed two prisoners serving life sentences to attend offline college and pursue higher studies. The court decided that the right to life wiht dignity is preserved not only for other citizens but prisoners too.
Facts of the case
In the case at hand, two life convicts, convicted under Section 302 of the IPC, in two different cases have sought suspension of the execution of their sentence and release on bail to pursue higher studies. They invoked Section 389(!) of the CrPC.
Both prisoners had written entrance for LLB courses at KMCT Law college and secured admission. In previous orders, the court guided college authorities to complete the admission through online mode. The university authority stated that onlune mode for LLB courses was prohibited.
The court delves into an analysis of the Right to live with dignity under Article 21 of the Constitution of India, and goes on to extend this right to prisoners,
The court passed orders permitting both appellants to attend these courses offline, and instructed police superintendent to make necessary arrangements. It is acknowledged that according to UGC guidelines, online mode for LLB courses is prohibited. And further, the court recognises the rights of the prisoners safeguarded under Article 21 of the Constitution, and extends remedies accordingly.
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Written by: Radhika Shekhawat