Court advises prisoner to seek temporary release under prison rules, not through judicial intervention
The Kerala High Court has refused to grant interim bail to a POCSO convict who sought one month’s release from prison to complete admission formalities for an LLB course at Sri Dharmasthala Manjunatheshwara Law College, Mangalore [Balamurali N v Inspector of Police].
Justice CS Sudha, while dismissing the plea, held that although the right to education is protected under Article 21 of the Constitution, it must be exercised within the boundaries of prison regulations. The Court emphasized that prisoners retain constitutional rights except those that are necessarily curtailed due to incarceration.
“As held by the Apex Court, prisoners retain all rights enjoyed by free citizens except those lost necessarily as an incident of confinement. Directions to jail authorities must align with existing Jail Rules,” Justice Sudha observed.
The convict, Balamurali N, a former school teacher, had requested bail for one month to facilitate his admission process. He is currently serving a sentence for sexually assaulting minors.
The State government, opposing the plea, submitted a report from the Superintendent of Central Prison, Kannur. The report raised serious logistical and security concerns, pointing out that the prison lacks infrastructure to monitor online education, especially with over 1,050 inmates currently housed there. It also warned that granting such a request could set a precedent difficult to manage administratively.
In response, the Court noted that while educational access for prisoners is vital, it cannot override broader concerns of prison management and public interest.
“To implement such requests, policy decisions and infrastructural changes are needed. Courts generally refrain from intervening in such policy matters,” the Court stated.
Justice Sudha clarified that under the Kerala Prisons and Correctional Services (Management) Rules, 2014—specifically Rules 258(13) and 259—prisoners may pursue education via correspondence or open universities. Temporary release for educational purposes is permissible but must be granted by the State and not assumed as a right enforceable by court order.
The Court also addressed the prisoner’s reference to a previous case (Pattakka Suresh Babu v State of Kerala), where two inmates were allowed to pursue online legal studies with occasional temporary release. Justice Sudha noted that the present case lacked similar institutional support and infrastructural readiness, making the situations materially distinct.
Ultimately, while acknowledging the prisoner’s right to dignity and education, the Court directed him to explore permissible avenues through the State authorities as outlined in the prison rules.
Legal Representation:
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For the Petitioner: Advocates P Martin Jose, P Prijith, Thomas P Kuruvilla, R Githesh, Manjunath Menon, Sachin Jacob Ambat, Harikrishnan S, Cyriac Tom, Ajay Ben Jose, and Hani P Nair
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For the State: Senior Government Pleader Vipin Narayan
