‘Pregnancy care' for wife: Kerala HC junks plea for man's parole
murder case
, seeking emergency parole for her husband to provide her with 'pregnancy care'.
Dismissing the Kannur native's petition, the bench of Justice P V Kunhikrishnan observed that if HC begins granting emergency leave to convicts for occasions such as birthdays, naming ceremonies, first rice-feeding ceremonies and similar events, public faith in judiciary would be eroded. The court further stated that convicts must remember that the victims' families also live in this society, and that if emergency leave is granted in such circumstances, the bereaved families would lose their faith in judiciary.
The petitioner's plea stated that she married the convict in 2010, and the marriage remained childless. The couple underwent several years of IVF/ICSI treatment, and she is now two months pregnant at the age of 42. She claimed she was extremely distressed, as there was no one else to look after her, and therefore sought emergency leave for her husband.
HC noted that the husband had been sentenced to life imprisonment by the additional sessions court, Thalassery, in a murder case. It further observed that once a person is sentenced, they cannot enjoy life like other citizens. While the intention of sentencing is reformative, the convict must remain inside prison, deprived of most liberties available to other citizens, for the purpose of sentencing to be achieved.
Therefore, unless an extraordinary situation exists, emergency leave should not be granted, HC concluded.
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