Societal Roots Must Not Dry Up When Convict Languishes In Jail: Karnataka HC Grants Furlough To Father To Attend Daughter’s Nikah

Accordingly, a bench of Justice Krishna S Dixit while directing the authorities to release the father, observed, “The fact that a person is convicted and put behind the bars, does not render him a destitute of all liberty & dignity; 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”.

 Advocate Sirajuddin Ahmedaga appeared for the petitioner and Advocate Navyashekhar appeared for the respondent.

In the present matter, the marriage of convict’s daughter was scheduled to be performed on September 3, 2023. The petitioner thereby produced the Marriage Invitation Card to substantiate his request.

Consequentially, the bench noted that ordinarily every Muslim Marriage involves certain rituals that are done with the participation of the parents. Further was of the opinion that even otherwise, when a young daughter is getting married, the presence of her father, is desirable, consistent with the humanitarian considerations inherent under Article 21 of the Constitution of India.

“…provisions of parole/furlough are structured on humanistic grounds for the reprieve of those lodged in gaols for long; 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; there may be cases of health grounds too”, the bench had further noted in the order.

Cause Title: Abdul Rehman v. State of Karnataka [Neutral Citation: 2023:KHC:31548]