Prisoner's Right to Education Includes Leave for Mandatory Internships: Kerala High Court - 2025-09-08

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Kerala High Court Upholds Prisoner's Right to Education, Grants Leave for LLB Internship

Ernakulam: The Kerala High Court, in a significant ruling, has directed the Superintendent of Central Prison, Kannur, to grant a 10-day leave to a life convict enabling him to attend a mandatory internship as part of his LLB course. Justice P.V. Kunhikrishnan emphasized that a prisoner's right to pursue education extends to participating in essential academic activities, reinforcing a rehabilitative approach to incarceration.

Case Background

The writ petition was filed by Karuvangadan Mukthar @ Muthu, a life convict for an offense under Section 302 of the Indian Penal Code. Mukthar is currently pursuing a three-year LLB course online from KMCT Law College, Kuttippuram, while serving his sentence at the Central Prison in Kannur.

The petitioner sought leave to attend a mandatory 4th-semester internship scheduled from September 10 to September 16, 2025, which required his physical presence at various institutions. Despite submitting an application, the prison authorities did not act on his request, compelling him to approach the High Court.

Arguments in Court

The petitioner’s counsel relied on the Division Bench judgment in Pattakka Suresh Babu v. State of Kerala [2024 (1) KHC 55], arguing that the precedent firmly establishes that prisoners should be granted leave for educational purposes, including internal examinations and other practical requirements.

Conversely, the Public Prosecutor cited the judgment in Balamurali. N v. Inspector of Police [2025 KHC Online 1716] to oppose the plea for leave.

Court's Reasoning and Precedent

After considering the arguments, Justice P.V. Kunhikrishnan sided with the petitioner, holding that the Division Bench's observations in the Pattakka Suresh Babu case were directly applicable. The court noted:

"The Division Bench of this Court in Pattakka Suresh Babu's case (supra) observed that, a prisoner who intends to pursue his studies should be allowed to pursue his studies through online, and for other internal examinations, the prisoner should be granted leave. I am of the considered opinion that the petitioner should be given leave in the light of the observation of the Division Bench in Pattakka Suresh Babu's case (supra)."

The court distinguished the facts of the present case from those in the Balamurali case, deeming the latter's dictum not applicable.

Final Decision

Allowing the writ petition, the High Court directed the Superintendent of Central Prison, Kannur, to grant ordinary leave to the petitioner for 10 days, from September 9 to September 18, 2025. The leave was made conditional upon the petitioner executing a bond of ₹1,00,000 with two solvent sureties for the same amount, to the satisfaction of the jail authorities. The court also ordered the Registry to issue a copy of the judgment on the same day to ensure timely compliance.