The Kerala High Court has ordered the state government to consider an application by Roopesh TR, an alleged Maoist leader, seeking permission to publish a book called Bandhitharude Ormakurippukal (Memoirs of the Imprisoned), which he wrote while serving a sentence in Viyyur Central Jail.
He was booked under the Unlawful Activities (Prevention) Act (UAPA) and the IPC.
While in prison, he successfully completed a master’s program in history at the Indira Gandhi National Open University and is currently pursuing a master’s degree in philosophy and Malayalam. The Chief Warden of the Prison forwarded his request and the book manuscript along with his recommendation to the Director General of Prisons and Correctional Services. Aggrieved by the inordinate delay in deciding his application, Mr. Roopesh approached the court.
He argued that the Kerala Prisons and Correctional Services (Management) Act, 2010 does not contain any provision to prohibit the publication of literary works by prisoners. In contrast, the provisions of § 36 letter a) of the Act guaranteed the right to live with human dignity to every prisoner, letter f) granted protection against unreasonable discrimination and letter k) ensured the enjoyment of fundamental rights according to Part III of the Constitution. The right to live in human dignity and enjoy fundamental rights included the right to freedom of thought and expression. Moreover, limiting the law works against the law’s reform and rehabilitative purposes. He further claimed that he was discriminated against because many other prisoners were given permission to publish their works.
Content needs to be verified
The Government’s petitioner stated that the Government was not standing in the petitioner’s way of publishing his book. He is also guilty of offenses under the UAPA. Before permission is granted, it must be determined whether the content of the book violated any provisions of the UAPA or contained libelous, defamatory, or sensitive material requiring redaction. The book must also be vetted to ensure that it does not promote or incite violence, hatred or disloyalty, glorify an illegal ideology or support the aims of any banned organisation. Therefore, in the case of the petitioner, the government will decide after a detailed examination of the manuscript and the process will take at least three months.
Justice VG Arun said that fundamental rights of prisoners are not completely taken away after conviction. It is essential to remember that thoughts and dreams, which are internal and intangible, are beyond external control or limitation. They are the ultimate realm of personal freedom, where imagination and reflection thrive without restraint. This inner sovereignty is a fundamental aspect of human dignity. When abstract ideas are crystallized and sequenced, they take the form of words and sentences.
The petitioner’s request to publish his book cannot be rejected if it does not contain malicious or harmful content, the court said and disposed of the petition by directing the state government to decide on the petitioner’s request for permission to publish his book within three months.
Published – 13 Nov 2025 20:40 IST
