The Kerala High Court showed rare compassion by helping a young NDPS accused, recovering from drug addiction, secure admission to his chosen college course. The court even paid his fees, saying, “They should feel the system is there with them.”
In a remarkable example of justice with compassion, the Kerala High Court recently helped a young man recovering from drug addiction to take admission in the college course of his choice.
A Division Bench, consisting of Justices A Muhamed Mustaque and Harisankar V Menon, went further by raising Rs.91,000 for the young man’s tuition fees from costs imposed on another litigant.
The Court adopted a strong stance advocating for a rehabilitation-focused approach in drug abuse cases, emphasizing the importance of reintegrating addicts into society rather than punishing them for their addiction.
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The Bench remarked,
“They (drug addicts) should feel that the system is there with them,”
The Court also referenced another case involving a man who committed rape against his mother while under the influence of drugs, asserting that even in such severe cases, the focus should remain on reform.
Justice Mustaque stated,
“We must reform them. That is the new modality,”
These developments arose during the consideration of a petition filed by the father of the young addict, who reported that his son suffered from severe mental health issues due to drug abuse and was prescribed anti-psychotic and anti-convulsant medications.
After two months of treatment, the son was charged under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act). He was arrested while refusing his medication, and even after being released on bail, he continued to reject treatment.
Following the Court’s directive, the young man was taken to a Government Mental Health Centre, which required a bystander to accompany him. The father then petitioned the Court to remove this requirement, highlighting that the family’s income relied on his work as an auto-driver and his wife’s as a housemaid.
Initially, the Court ordered the Mental Health Centre to admit the son without the presence of a bystander, but kept the case pending until he was discharged. After a personal interaction with the young man, the Court learned of his desire to join a course at the Industrial Training Institute (ITI).
The amicus curiae appointed by the Court, advocate V Ramkumar Nambiar, informed the Court that the Social Welfare Institute in Aluva was willing to admit the young man, but the application deadline had already passed. The Court then took the initiative to involve the National Council for Vocational Education and Training (NCVET) and the Central Government, urging them to consider extending the deadline, which they did, allowing his admission.
The petitioner’s counsel, advocate John S Ralph, initially paid an advance fee of Rs.25,000.
However, the Court insisted on covering the full fee of Rs,91,000 from the costs collected in another case, directing the Kerala State Legal Services Authority to reimburse the counsel accordingly.
The Court also decided to monitor the young man’s progress, instructing the amicus curiae to engage with him every two months.
The Court’s order, stated,
“We also direct the learned Amicus Curiae to interact with XXXXX once in every two months. We record our appreciation to Sri.V.John Sebastian Ralph, the learned counsel for the petitioner, Sri.V.Ramkumar Nambiar, the learned Amicus Curiae, Smt.O.M.Shalina, the learned Deputy Solicitor General of India, and Sri.K.R.Ranjith, the learned Government Pleader, for the co-operation extended in this matter to rehabilitate XXXXX,”
The petitioner was represented by a team of advocates, including John Sebastian Ralph, Vishnu Chandran, Ralph Reti John, Giridhar Krishna Kumar, Geethu TA, Mary Greeshma, Liz Johny, and Krishnapriya Sreekumar.