Supreme Court clears prison land transfer, paving way for major BrahMos expansion in Kerala

A total of 257 acres from the 457-acre land from the Nettukaltheri Open Prison has been approved for national defence and forensic projects.
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Nettukaltheri Open Prison
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The Supreme Court, on Tuesday, December 2, has approved Kerala’s proposal to divert a large portion of land from the Nettukaltheri Open Prison for national defence and forensic projects, paving the way for a major expansion of BrahMos Aerospace in the state.

A bench led by Justice Vikram Nath cleared the transfer of 257 acres from the 457-acre prison campus. Of this, BrahMos Aerospace will receive about 180 acres, while the Sashastra Seema Bal and the National Forensic Sciences University will get roughly 45 acres and 32 acres respectively. The Court observed that the remaining 200 acres would sufficiently meet the current and future needs of the open prison.

The order was passed during the hearing of a Public Interest Litigation on prison overcrowding, rehabilitation, and legal aid. The bench, which also included Justice Sandeep Mehta, considered Kerala’s plea to relax earlier restrictions on diverting open-prison land. The state argued that the proposed defence and forensic facilities were of national importance.

State counsel Nishe Rajen Sonker told the bench that the approval would enable high-value strategic infrastructure, including DRDO-linked upgrades for advanced missile and systems production.

The Court also addressed broader concerns raised in the PIL. The amicus curiae pointed to the chronic underuse of open correctional institutions in several states, noting that the Centre has circulated a draft law and urging states to treat these institutions as genuine reformative spaces rather than labour camps.

He further noted that some states still bar women from open prisons, a restriction he said violates the right to reformation under Article 21. When Justice Mehta raised safety concerns, the amicus responded that states must develop systems that ensure secure access.

Kerala has been directed to act on its proposal, and the bench indicated that further directions on improving the utilisation of open correctional institutions nationwide will follow.

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