IMPORTANT POINT
The main legal point established is that prisoners have the right to pursue education and live with dignity, and technology can be integrated into the criminal justice system to facilitate this right.

ORDER :

Kauser Edappagath, J.

Two life convicts in two different cases seek suspension of the execution of their sentence and to be released on bail for pursuing higher studies invoking section 389(1) of Cr.P.C.

2. The applicant in Crl.M.A.No.3/2023 in Crl.Appeal.No.740/2018 is the ninth accused in SC No.421/2009 on the file of the Additional Sessions Court IV, Thalasserry and the applicant in Crl.M.A.No.2/2023 in Crl.Appeal.No.1099/2018 is the second accused in SC No.374/2011 on the file of the Additional Sessions Court III, Thalasserry. Both were convicted and sentenced to life imprisonment for the offence, among other things, under section 302 of IPC. The former is serving the sentence in the Open Prison and Correctional Home, Cheemeni Kannur, while the latter is serving the sentence in the Central Prison, Kannur, for more than five years.

3. Both the applicants appeared for the entrance examination for the LL. B Course conducted by the Kerala Law Entrance Commissioner for the academic year 2023-24 and came out successful. The applicant in Crl.M.A.No.3/2023 in Crl.Appeal.No.740/2018 secured admission at KMCT Law College, Kuttippuram, Malappuram, for the three-year LL. B Course, while the applicant in Crl.M.A.No.2/2023 in Crl.Appeal.No.1099/2018 secured admission at Sree Narayana Law College, Poothotta, Ernakulam, for the five-year LL. B Course.

4. As per the interim orders dated 6/10/2023 and 10/10/2023, we directed the respective college authorities to complete the admission process through online mode. We also directed the wife and brother of the applicants to appear at the college with the required documents and to pay the fee. It is submitted that the admission process is over. The class is to commence on 6/11/2023.

5. We have heard Sri. Nandagopal S. Kurup, the learned Counsel for the applicant in Crl.M.A.No.3/2023 in Crl.Appeal.No.740/ 2018, Sri. R. Anil, the learned Counsel for the applicant in Crl.M.A.No.2/2023 in Crl.Appeal.No.1099/2018, Sri. P.C. Sasidharan, the learned Standing Counsel for Calicut University, Sri. Surin George, the learned Standing Counsel for the M.G. University, Sri. S.U. Nazar, the learned Senior Public Prosecutor and Sri. Rajit, the learned Standing Counsel for the Bar Council of India, who was suo moto impleaded in both applications as an additional respondent. We have also interacted with the Controller of Examination and Principals of both Law Colleges via video conferencing.

6. The learned Standing Counsel for the Universities relying on the UGC (Open and Distant Learning Programmes and Online Programmes) Regulation, 2020, submitted that attending LL. B Course through online mode is prohibited. The Principals of the colleges fairly took the stand that if this court passes an order considering the peculiar facts of the cases, they are prepared to permit the applicants to attend the classes online. The learned Standing Counsel for the Bar Council of India submitted that only candidates who passed a regular course of LL. B from a recognised University is entitled to enrol as an advocate. Reliance was placed on Rules 2(xxiii) and 12 of the Bar Council of India – Rules of Legal Education, 2008.

7. The right of a citizen to live with dignity forms a significant part of the right to life guaranteed under Article 21 of the Constitution of India. The idea behind this is that every person’s life is precious, and irrespective of the circumstances, he should be given a sense of dignity to help him continue living. In Maneka Gandhi v. Union of India (AIR 1978 SC 597), the Apex Court propounded a new dimension of Article 21, holding that the ‘right to life or live’ does not confine itself to mere physical existence but also includes the right to live with human dignity. This facet of the right under Article 21 has also been reiterated in recent times in the case of K.S. Puttaswamy and Another v. Union of India and Others [(2017) 10 SCC 1] where the court also read in the right of choice of an individual as par