Allowing a petition filed by the wife of a convicted person, the High Court of Karnataka has directed the Prison Department to release him, on parole from 15 days to perform the marriage of his daughter. He has been serving sentence since 1999 for killing three persons,
“The sublime feelings of the spouse and children permeate the prison walls and reach out to the convict, however strong and unkindly they are built. Therefore, this court has to facilitate the presence and participation of the petitioner in the ensuing marriage ceremony. Otherwise the stand of the court, runs the risk of being branded ‘inhuman’ by the right thinking sections of society, to say the least, the court observed.
November 1 to 15
Rejecting opposition of prosecution against his release on parole as he had earlier violated the conditions of parole, the court directed the prison authorities to release Shyam on parole from November 1 to 15 with strict conditions as are usually stipulated to ensure the return of convict to the gaol and that he shall not commit any other offence.
Two months
The petitioner, Suma, had contended that the prison authorities had not considered his representation for his release of parole for two months to perform marriage scheduled to be held on November 7 and 8.
When a young daughter is getting married, the presence of her father is desirable, consistent with the humanitarian considerations which inhere in Article 21 of the Constitution of India, the court said, while pointing out that the main purpose of releasing a serving convict on parole is to afford to him an opportunity to solve his personal and family problems and to enable him to maintain his links with civil society, etc.
