“Janani Janma Bhoomischa Swargaadapi Gariyasi”- Karnataka HC Quotes Ramayana Verse While Granting Parole To Man For Attending 75-Yr-Old Ailing Mother
|The Karnataka High Court while granting parole to a man to attend his 75-year-old mother quoted the Ramayana verse, “Janani Janma Bhoomischa Swargaadapi Gariyasi" which means that “mother and motherland are superior even to heaven”.
A Single Bench of Justice Krishna S. Dixit observed, “… this Court, being conscious of the shortness of human life and the irreplaceable position and bond between mother and children, is inclined to grant a restrictive & conditional indulgence in the matter inasmuch as petitioner's mother Smt. Gangavva, aged about 75 years, an inpatient in General hospital Kushtagi, is stated to be suffering from ailments natural to the old age. Valmiki in Ramayana says, "Janani Janma Bhoomischa Swargaadapi Gariyasi" meaning "…mother and motherland are superior even to heaven." When a mother is in contemplation of death, as argued at the Bar, it is a legitimate urge for the children to see her and for the mother to see her children.”
The Bench said that it sees no reason why a reasonable opportunity to see the mother must be denied to the petitioner, thereby depriving the mother of her child.
Advocate K.B. Mahesh Kumar appeared on behalf of the petitioner while AGA B.V. Krishna appeared on behalf of the respondents.
In this case, a writ petition was filed under Articles 226 and 227 of the Constitution praying to quash the endorsement issued by the Superintendent of Open Air Prison and direct the respondents to consider the requisition of the petitioner for grant of general parole for 30 days so as to enable him to attend his ailing mother.
The petitioner further prayed to release him on general parole as per Rule 191 of the Karnataka Prisons Rules. He was serving a prison sentence and knocking at the doors of the writ court.
The High Court in the above regard directed, “… the Respondent – Superintendent of Open Air Prison is directed to grant emergency parole of three weeks, i.e., from forenoon of 24.05.2023 till the afternoon of 14.06.2023 to the petitioner, subject to all usual restrictions and conditions in accordance with law.”
Accordingly, the Court granted parole to the petitioner.
Cause Title- Shivappa Bellad v. Superintendent of Open Air Prison & Ors.