Anushka Sharma –
Published On: October 29, 2021 at 14:00 IST
According to the Karnataka High Court, the Laws of Parole/Furlough are structured on humanistic grounds for the relief of people who have been Imprisoned for a long time. The primary goal of releasing a serving offender on Parole is to allow him to address his personal and family issues while also allowing him to keep contact with the Civil society.
While partially allowing a petition submitted by the wife of a Murder offender seeking Parole leave to attend his Daughter’s wedding, Justice Krishna S Dixit said, “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 Accused wife had contacted the court after his representation to the prison officials on October 12, 2021, requesting his release on Parole for a term of two months in order to attend his Daughter’s Wedding on November 7th and 8th, 2021, was Denied.
The Government opposed the Plea saying, “Parole & furlough are not a matter of right; petitioner is convicted for the murder of three persons and therefore whatever arguable right he has, also does not avail to him.”
The Court stated, after reviewing the facts of the case, that the defendant had been serving his sentence for more than two decades, from February 1999, with some parole/furlough.
Then it observed, “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.”
The Court dismissed the Contention of the government counsel opposing the Plea saying, “It is not that, Petitioner is awarded a capital punishment and therefore he may take a chance to run away from the gallows.”