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Kochi, Nov 14 (IANS) The Kerala High Court has directed the state government to immediately take a decision on the request of jailed Maoist leader TR Rupesh seeking permission to publish the book written during his stay in jail.
Rupesh, convicted under the Unlawful Activities (Prevention) Act (UAPA) and currently lodged in Viyyur Central Jail, had approached the court accusing the government of undue delay and discrimination in handling his application.
Rupesh wrote a Malayalam manuscript titled ‘Bandhitharude Ormakurippukkal (Memoirs of the Imprisoned)’ while he was behind bars.
He argued that many other prisoners had been allowed to publish their literary works while his petition remained pending without any justification.
Justice VG Arun said there is no provision in the Kerala Prison and Correctional Services (Management) Act and its rules that empowers the prison authorities or the government to stop the publication of a literary work of a prisoner.
On the contrary, consistent with the correctional purpose of the prison system, the law explicitly allows prisoners to read and write.
The Court emphasized that conviction does not take away all the fundamental rights of prisoners.
It states that a written work derives from the “intrinsic sovereignty” of thought – a core component of human dignity that the state government cannot arbitrarily abridge.
While acknowledging that prison authorities can conduct rigorous scrutiny of such articles, the Court held that this scrutiny cannot constitute “an insurmountable hurdle”.
The ruling states that publication can be restricted only if the material is shown to be harmful or harmful.
The state, through the government counsel, submitted that it does not oppose publication, but needs time to verify that the manuscript does not contain material that could incite violence, promote illegal ideology, or glorify banned organizations.
Although the UAPA does not explicitly prohibit prisoners from publishing books, the state government said it must ensure that no material promoting extremist aims is circulated.
Balancing the convict’s right to free expression with the state’s concerns, the High Court directed the government to take a final decision on Rupesh’s application within three months.
It asked officials to take into account its comments as well as Supreme Court decisions that have allowed prisoners to publish their writings.
–IANS
SG/DPB