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While observing that the provisions of parole/furlough are structured on humanistic grounds for the reprieve of those lodged in jails for long, the Karnataka High Court recently partly granted relief to a murder convict in a plea moved by his wife seeking his parole. 

Justice Krishna S Dixit of the Karnataka High Court observed that though a person is put behind bars, the same does not render him or her destitute of all liberty and dignity. In fact, a convict must keep his/her roots with society once in a while.

“…one cannot forget that every saint had a past and every sinner has a future; a person is convicted and put behind the bars, does not render him a destitute of all liberty & dignity; humanistic approach needs to be adopted qua the convicts; a convict has to keep in contact with the civil society although not very regularly, so that his roots there, do not dry up when he languishes here; otherwise when he returns from the prison after completing the term, he will be a total stranger and life would prove hard to him.”

The wife of the said murder convict had moved the High Court seeking parole leave for attending his daughter's marriage.

The State government opposed the plea arguing that Parole & furlough are not a matter of right as the petitioner is convicted for the murder of three persons. Therefore whatever arguable right he has, will not be available for him.

The court, after going through the facts of the case and the rival arguments, noted that presently, the convict has been serving sentence since last more than two decades i.e., since February 1999, of course with parole/furlough. 

“Ordinarily every Hindu Marriage involves certain rituals such as 'Vivaah Homa' with the participation of the parents; even otherwise when a young daughter is getting married, the presence of her father, mother having died recently, is desirable”, said the Court. 

Adding on, the Court opined if it does not allow the petitioner’s husband to be allowed on parole, it may be branded as an “inhuman” institution by the society. 

"The sublime feelings of the spouse & children permeate the prison walls and reach the convict, however strong & unkindly they are built; therefore, this court has to facilitate the presence & participation of the petitioner in the ensuing marriage ceremony; an otherwise stand of the court, run the risk of being branded as inhuman by the right thinking section of the society, to say the least." 

While directing the respondents to consider petitioner's representation and release him on parole from the forenoon of November 1 till 15, the Court said, 

“…it is not that, petitioner is awarded a capital punishment and therefore he may take a chance to run away from the gallows."

While doing so, the Court also asked the respondents to put in place strict conditions to ensure the return of petitioner to the gaol and further ensure that he shall not commit any other offence.

Case Name: Suma vs State of Karnataka and ors