Kannur, Kerala: Kunkan (Krishnan, 61), a resident of Vietnam Colony in Aralam near Iritty, has spent 39 years as a remand prisoner, in what has become an extraordinary and unusual case at Kannur Central Jail. Even as the principle that justice delayed is justice denied is frequently invoked across the country, Kunkan's case remains unresolved.

Kunkan was arrested in 1987 in connection with the murder of his father, Chandu. He was 22 when FIR No. 54 was registered at Aralam Police Station. After being lodged in prison as remand prisoner (RP) No. 9530, his case never came up for trial after he was found to be suffering from a mental illness. From April 17, 1995, to December 18, 2025, Kunkan remained at the Government Mental Health Centre, Kuthiravattam, Kozhikode, where he continued to be treated as a remand prisoner. By the time he returned to prison after three decades of treatment, his village, the prison and even its officials had changed considerably.

His case is now pending before the Thalassery Sessions Court. Kunkan is still considered unfit to stand trial. Having already spent nearly twice the maximum sentence he could have received in a murder case, Kunkan faces only uncertainty ahead.

His elder brother, who was a witness in the case, has not been involved in his care since then. Although his sisters are willing to take responsibility for him, circumstances have prevented them from doing so. As no trial was completed and no sentence was awarded, Kunkan's case was not considered under sentence remission provisions. His case has now been placed before the district-level committee that reviews cases of undertrial prisoners.

What is remand?

Ordinarily, a remand period extends up to 90 days. However, as the trial could not proceed because of Kunkan's mental illness, his remand continued indefinitely. Legal provisions emphasise that prolonged detention without the completion of a trial can amount to a violation of the constitutional right to life and the right to a speedy trial.