‘Basic Human Rights Cannot Be Crippled’: Kerala HC Allows 'Ripper Jayanandan' To Attend His Daughter’s Wedding
|The Kerala High Court has granted parole to 'Ripper Jayanandan', who is serving three sentences of life imprisonment, to attend his daughter’s wedding.
“Conviction for a crime does not reduce that person into a non-human.”
“Though some rights of convicts are denied and are capable of being denied to them, basic human rights cannot be crippled.”, Justice Bechu Kurian Thomas noted while granting parole.
This comes after the wife of Jayanandan had approached the High Court for grant of parole for a period of 15 days to her husband for partaking in the wedding.
She had alleged that despite her repeated requests for parole for her husband to participate in the wedding, no favourable response has been received and that in such circumstances as the wedding day is fast approaching, she was compelled to approach the Court.
Advocate Keerthi Jayanandhan appeared for the petitioner whereas Public Prosecutor Sreeja V appeared for the State.
The Court noted that Jayanandan is undergoing a sentence of imprisonment for life in two murder cases and has even escaped from prison twice.
The Court also observed that “Since the wedding of a daughter is an auspicious occasion and the presence of the father of the bride at that solemn function is most appropriate, this Court is of the view that petitioner’s husband ought to be given parole for partaking in the wedding of his daughter.”
The Court remarked that it cannot be oblivious to the glorious right to liberty enshrined in Article 21 of the Constitution.
“The liberty of every individual and the right to life guaranteed under the aforesaid constitutional provision has been interpreted to include the right to live with human dignity. Though a convict, petitioner’s husband also enjoys the facets of right to life and liberty within the limits of law. Normally the opportunity to participate in the wedding of a daughter has to be treated as part of that liberty.”, the Court said.
The Court however noted that the conduct of petitioner’s husband in prison has not been above board.
“Twice he had escaped from prison and was even found guilty and convicted for those offences. He is regarded as a person attempting to escape at every given chance. He has allegedly not yet reformed. Therefore the right to partake in his daughter’s wedding cannot be an absolute right as the rules require good behaviour as an essential requirement for the grant of parole.”, the Court observed.
Notwithstanding the above restraints on the grant of parole, the Court taking into reckoning the basic human rights available to a convict, allowed him to attend the wedding under police escort.
“Since It is reported that there are serious security threats in taking the convict from prison, respondents 1 and 3 shall ensure strong and sufficient Police surveillance including escort are provided and that the convict does not escape.”, the Court directed.
Cause Title- Indira v. State of Kerala
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