Kerala High Court: In a writ petition filed by a convict’s wife seeking parole for her husband to enable him to assist in arranging their son’s admission, a Single Judge Bench of P.V. Kunhikrishnan, J. gave the following directions:
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The petitioner’s husband was directed to be released on emergency leave for a period of one week — from 12-06-2025 to 18-06-2025, subject to the condition that he executes a bond of Rs. 1,00,000/- with two solvent sureties for the like amount, to the satisfaction of the jail authorities.
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The convict was directed to report back to the prison by 4:00 PM on 18-06-2025 without fail.
Background
The petitioner was the wife of a convict, who was undergoing life imprisonment at the Central Prison and Correctional Home, Thavanur, as per the judgment passed by the Additional District and Sessions Court.
The petitioner’s son, who had recently completed his 10th standard with high marks, was eligible for admission to higher education. Considering this, the petitioner sought parole for her husband to enable him to assist in arranging their son’s admission.
However, the request was rejected by the jail authorities on the ground that there was no provision for granting parole for this purpose. Aggrieved by this decision, the petitioner filed the present writ petition.
Analysis and Decision
The Court, upon initial consideration of the writ petition, directed the petitioner to produce the mark list of her son, who is also the child of the convict. In compliance with the directions, the mark list was produced.
Upon perusal of the mark list, the Court noted that the child had performed exceptionally well, securing six A+ grades and two A grades in the SSLC examination. The Court observed that such a bright student was seeking the presence and support of his father to facilitate his admission to a Plus Two course, including the arrangement of fees and related matters.
The Court remarked that it could not turn a blind eye to such a genuine and heartfelt request from a convict. It emphasised that the fundamental rights of a convict include the right to ensure that his child receives a good education. The Court further observed that a father’s presence plays a crucial role in a child’s educational journey, offering emotional support, guidance, and mentorship.
While acknowledging that a convict loses certain rights upon imprisonment, the Court held that this should not deprive the convict’s child of the emotional and practical support of their parent, particularly during important educational milestones.
Accordingly, the Court stated that the convict’s son should be allowed to spend a few days with his father before beginning his Plus Two education. The Court expressed the hope that the child would commence this new academic chapter with the blessings of both his parents.
In conclusion, the Court directed that the petitioner’s husband be granted emergency leave for a period of seven days.
[Shafeena P H v. State of Kerala, WP(CRL.) No. 689 of 2025, decided on 10-06-2025]
Advocates who appeared in this case :
For Petitioner: BY ADVS. SRI.P.K.VARGHESE SHRI.M.T.SAMEER SHRI.JERRY MATHEW SHRI.JUSTIN K.K. SMT.DEVIKA K.R. SMT.SAWPARNIKA RAJU SHRI.SIYAD UMMER
For Respondent: SRI. HRITHWIK CS-SR.PP
