Karnataka High Court: While deliberating over the instant matter wherein the petitioner had sought his release on parole so that he can attend his daughter’s nikaah (marriage) ceremony; the Bench of Krishna S. Dixit, J.*, directed the respondents to release the petitioner on furlough subject to usual precautions stating that a convict being behind the bars, does not render them a destitute of all liberty and dignity. The Court further stated that in matters like this humanistic approach needs to be adopted qua the convicts. “A convict has to keep in contact with the civil society although sporadically, so that his societal roots do not dry up when he languishes in the jail; otherwise, when he returns from the prison after completing the term of sentence, he may be a total stranger and life may prove hard to him; this is not a happy thing to happen in a Welfare State”.
The Court took note of the fact that petitioner has produced the marriage invitation card and stated that when a young daughter is getting married, the presence of her father is desirable and consistent with the humanitarian considerations in Art. 21 of the Constitution.
The Court further pointed out that provisions of parole/furlough are structured on humanistic grounds and the main purpose of releasing a serving convict on parole is to afford to him an opportunity to solve his personal & family problems and to enable him to maintain his links with the civil society.
[Abdul Rehman v. State of Karnataka, WRIT PETITION NO. 18712 OF 2023, decided on 01-09-2023]
*Order by Justice Krishna S. Dixit
Advocates who appeared in this case :
Petitioner- Sirajuddin Ahmad, Adv.
Respondent- Navyashekhar, AGA
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