Kerala High Court
WP(Crl.)/401/2025 of KARUVANGADAN MUKTHAR @ MUTHU Vs THE SUPERINTENDENT on 11 April 2025
OF 2025 2025:KER:31899 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947 WP(CRL.) NO. 401 OF 2025 CRIME NO.240/2012 OF AREACODE POLICE STATION, MALAPPURAM AGAINST SC NO.99 OF 2013 OF ADDITIONAL
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947
WP(CRL.) NO. 401 OF 2025
CRIME NO.240/2012 OF AREACODE POLICE STATION, MALAPPURAM
AGAINST SC NO.99 OF 2013 OF ADDITIONAL SESSIONS COURT
(ADHOC) III, MANJERI
PETITIONER:
KARUVANGADAN MUKTHAR @ MUTHU
AGED 38 YEARS
S/O UMMERHAJJI, CHEMBRAKATTUR, AREEKODE, MALAPPURAM, PIN - 673639
BY ADVS.
SUNNY MATHEW
BHAVANA K.K
RESPONDENTS:
THE SUPERINTENDENT
CENTRAL PRISON, KANNUR, PIN - 670001
THE DEPUTY SUPERINTENDENT OF POLICE
NARCOTIC CELL, MALAPPURAM DISTRICT, PIN - 676509
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADV.
SMT.SREEJA V., SR.PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 11.04.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
JUDGMENT
The petitioner is a life convict who is undergoing imprisonment at Central Prison and Correctional Center, Kannur.
2. The petitioner is undergoing the 3rd semester of three year LLB programme at the KMCT Law College, Kuttipuram. He is attending the classes online. According to the petitioner, as part of the curriculum, he has to undergo mandatory internship programme for 28 days during April- May, 2025. He submitted an application before the 1st respondent seeking emergency leave for 28 working days. It was dismissed holding that the reason shown does not fall under Rule 400 of the Kerala Prisons and Correctional Services (Management) Rules, 2014.
3. I have heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. It is not in dispute that the petitioner is undergoing three year LLB programme at the KMCT Law College, Kuttipuram. Ext.P1 would show that as per the Legal
Education Rules of the Bar Council of India and the University Regulations for the LLB Course, all the students have to do an internship for 28 working days during every year of the course in law related matters. In Ext.P1, the college authorities have recommended for granting leave to the petitioner to undergo internship programme during April- May summer vacation period. Ext.P2 would show that the college authorities have issued a letter to Adv. M. P. Abdul Latheef requesting him to accommodate the petitioner for internship programme. The document produced along with the memo filed by the petitioner would show that Adv. M. P. Abdul Latheef has agreed to take the petitioner as an intern at his office for a period of 28 working days.
5. The Division Bench of this Court in Pattakka Suresh Babu v. State of Kerala [2024 (1) KHC 55] has held that the prisoners' right to education is a human right grounded in the right to dignity. In that case, the Division Bench has directed the Jail Superintendent to grant leave to the convict who was a law student to attend Moot Court, seminar, workshop, internship programme, University examination or any other practical training.
6. Considering all these facts, I am of the view that the petitioner is entitled for leave to attend internship. Hence, the 1st respondent is directed to grant emergency leave to the petitioner to attend the internship programme from 20.04.2025 to 27.05.2025. The Writ Petition is disposed of as above. Sd/- DR. KAUSER EDAPPAGATH JUDGE BR
APPENDIX OF WP(CRL.) 401/2025 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE COMMUNICATION ISSUED BY THE PRINCIPAL, KMCT LAW COLLEGE, TO THE 1ST RESPONDENT DATED 24.03.2025 Exhibit P2 TRUE COPY OF THE BONAFIDE CERTIFICATE ISSUED BY THE PRINCIPAL KMCT LAW COLLAGE