Kochi, Nov 14 The Kerala High Court has directed the state government to promptly decide on a request made by incarcerated Maoist leader T.R. Roopesh seeking permission to publish a book he wrote while in prison.
Roopesh, convicted under the Unlawful Activities (Prevention) Act (UAPA) and currently lodged in Viyyur Central Jail, had approached the Court alleging undue delay and discrimination in the government’s handling of his application.
Roopesh authored a Malayalam manuscript titled 'Bandhitharude Ormakurippukal (Memoirs of the Incarcerated)' during his time behind bars.
He argued that several other prisoners have been allowed to publish their literary works, while his plea remained pending without justification.
Justice V.G. Arun observed that the Kerala Prisons and Correctional Services (Management) Act and its Rules do not contain any provision that empowers prison authorities or the government to block the publication of a prisoner’s literary work.
On the contrary, the law explicitly permits prisoners to read and write, in line with the reformative purpose of the prison system.
The Court stressed that a conviction does not strip prisoners of all fundamental rights.
A written work, it said, flows from the “internal sovereignty” of thought -- a core component of human dignity that the state government cannot arbitrarily curtail.
While recognising that prison authorities may subject such writings to strict scrutiny, the Court held that this scrutiny cannot become “an insurmountable obstacle”.
Publication can be restricted only if the content is shown to be harmful or deleterious, the judgment stated.
The state, through the government pleader, submitted that it was not opposed to the publication but needed time to verify that the manuscript did not contain content that could incite violence, promote unlawful ideology, or glorify banned organisations.
Although the UAPA does not expressly prohibit prisoners from publishing books, the state government said it must ensure that no material furthering extremist objectives is disseminated.
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 Roopesh’s application within three months.
It also asked the authorities to keep in mind its own observations as well as Supreme Court rulings that have permitted prisoners to publish their writings.
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