Supreme Court backs law education for jailed murder convicts, slams Bar Council’s opposition

The Supreme Court has upheld the Kerala High Court’s decision allowing two murder convicts to pursue legal studies online while serving life sentences. A bench comprising Justices Surya Kant and N Kotiswar Singh dismissed the Bar Council of India’s (BCI) challenge against the ruling, stating that education can be transformative for inmates.

Slamming the BCI’s opposition, the Supreme Court questioned why an organization responsible for legal education would object to such a reformatory initiative. “Why should BCI oppose a direction like this? Instead of supporting such a progressive move, you are following an orthodox approach,” remarked Justice Kant during the hearing. He further emphasized that the convicts had cleared their entrance exams on merit and had every right to continue their education.

BCI, on the other hand, argued that law courses require physical attendance and practical experience, making online legal education unsuitable for convicts. However, the top court rejected this stance, ruling that prisoners have the right to education as a means of rehabilitation. Justice Kant even went as far as to suggest that BCI should not be involved in legal education at all, stating, “It should be left to jurists and scholars. BCI should have mercy on legal education.”

The case traces back to November 2023, when the Kerala High Court allowed convicts Pattakka Suresh Babu and V Vinoyi to enroll in law schools while serving their sentences. The convicts, lodged in different prisons, had cleared the law entrance exam and sought temporary bail to attend classes. The High Court granted permission, asserting that education is a fundamental human right and should not be denied due to incarceration.

Suresh, currently imprisoned at the Open Prison and Correctional Home in Cheemeni, Kannur, is enrolled at KMCT Law College, Kuttipuram, while Vinoyi, housed at Central Prison, Kannur, is studying at Sree Narayana Law College, Poothotta, Ernakulam.

The Supreme Court’s ruling not only affirms the Kerala High Court’s progressive stance on prisoners’ rights but also raises broader questions about accessibility of legal education and the role of regulatory bodies like BCI. While dismissing the petition due to an excessive 394-day delay, the top court left open the question of whether convicts should be granted unrestricted access to law education in the future.