The Kerala High Court, in a recent legal development, allowed an inmate who had been convicted and sentenced for various charges under the Indian Penal Code to pursue higher education.
Facts of the case:
The petitioner/appellant was convicted and sentenced for multiple offences, including those under Sections 143, 148, 341, 307, and 302 read with Section 149 of the Indian Penal Code. The sentence included life imprisonment, and at the time of filing the application, he had already served 5 years of his sentence.
Contentions of the Plaintiff:
The petitioner, who holds a graduate degree in BA Economics and has successfully completed a distant education program in M.A. (Sociology) while serving his sentence, sought bail to complete the admission process for the LLB course at KMCT Law College, Kuttipuram, Malappuram. The petitioner expressed his eagerness to continue his academic pursuits.
Observations of the Court:
The court sought the presence of the Controller of Examinations and the Principal of KMCT Law College, Kuttipuram, Malappuram, through video conference to assess the feasibility of conducting the admission process and pursuing the LLB course online, without requiring the physical presence of the petitioner. Both the Controller of Examinations and the Principal confirmed that the admission process could be conducted online, and arrangements would be made for the same. It was suggested that the petitioner's wife could be physically present at the College to submit necessary documents and pay fees. The court considered these submissions and issued directions accordingly.
The Decision of the Court:
The Court observed that the admission formalities for the petitioner to the 3-year LLB course at KMCT Law College were to be completed through online mode. The Jail Superintendent was directed to coordinate with the Principal of the College to make the necessary arrangements for the video conference.
The petitioner's wife was directed to be physically present at KMCT Law College with all necessary documents and to make the required fee payment.
Case Title: Pattakka Suresh Babu vs. State of Kerala
Coram: Hon’ble Justice Dr. A.K. Jayasankaran Nambiar and Dr. Kauser Edappagath
Case no.: CRL.M.APPL.NO.3/2023 IN CRL.A NO.740 OF 2018
Advocate for the Petitioner: Sri. Nandagopal S. Kurup
Advocate for the Respondent: Sri. E.C. Bineesh
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