Kerala HC directs govt to decide on publishing book authored by jailed Maoist

Kochi, Nov 13 (PTI) The Kerala High Court has directed the state government to take a decision within three months on granting permission to publish a book authored by Roopesh, who has been jailed in multiple Maoist-related cases.

The bench of Justice VG Arun last week considered the petition filed by Roopesh, who was convicted under the Unlawful Activities Prevention Act (UAPA) and incarcerated for the past several years.

Roopesh wrote a book titled ‘Bandhitharude Ormakurippukal’ (Memoirs of the Incarcerated) while in jail and applied to the Superintendent of the Prison for permission to publish, along with the manuscript.

However, there has been an inordinate delay in taking a decision on his request, prompting him to approach the court, the petition said.

Advocate Kaleeswaram Raj, appearing for the accused, submitted that the Kerala Prisons and Correctional Services (Management) Act does not contain any provision prohibiting prisoners from engaging in literary works.

The counsel alleged that the petitioner is being discriminated against in the matter of publication of his book, as many other prisoners are granted permission to publish their work.

The government pleader submitted that the state is not standing in the way of the petitioner publishing his book.

At the same time, before granting permission, the petitioner, being guilty of offences under the UAPA, it has to be ascertained whether the book's content violates any provisions of the UAPA or contains defamatory, derogatory, or sensitive material requiring redaction, the state said.

The government pleaders submitted that in the petitioner’s case, the state will take a decision after detailed scrutiny of the manuscript, and the process will take at least three months.

The court observed that, by reason of the conviction, a person is not reduced to a non-person and his rights are made subject to the whims of the prison administration.

While on the issue regarding a prisoner’s right to publish his literary book, it is essential to bear in mind that thoughts and dreams, being internal and intangible, are beyond external control and curtailment, the court observed.

According to the court, the assimilated thoughts, when written or printed on paper, lose their ephemerality and become permanent and examinable.

The court observed that for prisoners like the petitioners, the examination can be stricter, but never an insurmountable obstacle.

The court observed that the petitioner’s request to publish his book cannot be denied in the absence of deleterious or harmful content.

“The writ petition is accordingly disposed of by directing the state government to take a decision on the petitioner’s application for permission to publish his book ‘Bandhitharude Ormakurippukal’ within three months,” the court ordered.

The court also directed that, while taking a decision, due regard shall be had to the findings of the Supreme Court in Parabhkar Pandurang Sanzgiri case and to the observations in this judgment. PTI TBA SSK TBA SSK ROH