The Karnataka High Court recently asked for a humanistic approach to be taken while granting parole to a murder offender, so that convicts’ roots in society do not dry up while they languish in prison (Suma v. State of Karnataka and Others).
The terms of parole/furlough are established on a humanistic basis for the relief of individuals imprisoned for long periods of time, according to Justice Krishna S Dixit’s single-judge bench.
“The principal goal of releasing a serving offender on parole is to allow him to resolve his personal and family difficulties while also allowing him to preserve his links with civil society,” the Court stated. The Court was considering a motion filed by the wife of a murder offender seeking two-month parole for her husband due to their daughter’s marriage.
The State vigorously fought the plea, claiming that parole and furlough are not a matter of right and that the individual could not be granted parole because he was convicted of the murder of three people. While noting that the petitioner had been imprisoned for more than two decades, the Court pointed out that being imprisoned does not deprive a person of their liberty and dignity.
The order remarked, “…one cannot forget that every saint has a past and every sinner has a future.” Every Hindu marriage entails particular rites, such as Vivaah Homa, which requires the attendance of the parents, according to the Court. Furthermore, the presence of a young daughter’s father is desirable while she is getting married, especially if her mother has recently died. “The sublime feelings of the spouse and children permeate the prison walls and reach the convict, however strong and unkindly they are built; thus, this court must facilitate the presence and participation of the petitioner in the ensuing marriage ceremony; otherwise, this court’s stand risks being branded as inhuman by the right-thinking section of the society, to say the least,” it held. Finally, the Court ordered the respondents to consider the petitioner’s arguments and release him on parole from November 1st afternoon to November 15th afternoon. For the petitioner Advocate, Kemaparaju appeared. For the State’s additional Government Advocate, Vinod Kumar appeared.
