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News18
26-06-2025
- News18
'Justice Needs Human Touch': Kerala HC Grants Escort Parole To Death Row Convict To Visit Ailing Mother
"Justice, without the soft hand touch of humanity, compassion, and empathy, is not justice," the single judge bench said. In a judgment underscoring the role of humanity in justice delivery, the Kerala High Court has granted escort parole to a death row convict to visit his bedridden 93-year-old mother, despite clear legal provisions barring such relief for those sentenced to death. The single-judge bench of Justice PV Kunhikrishnan, while passing the judgment, remarked that although the convict is accused of a brutal murder committed in front of the victim's wife, child, and mother, the court cannot adopt an equally inhuman stance. 'Justice, without the soft hand touch of humanity, compassion, and empathy, is not justice. But humanity, compassion and empathy are matters of judicial discretion which is to be used based on the facts and circumstances of each case," the Court observed, adding that India does not follow the doctrine of 'an eye for an eye, a tooth for a tooth." 'Our country known for its humanity, compassion, and empathy while delivering justice. It is the duty of the constitutional court to see that the fundamental needs and basic rights of a prisoner is protected till the sentence is finally executed," the Single Bench said. Facts of the Case The convict had appealed his conviction by the Sessions Court, which had awarded him the death sentence. His wife had approached the High Court after prison authorities denied her request for escort parole, citing Section 42 of the Kerala Prisons and Correctional Services (Management) Act and Rule 339(2) of the Rules framed under it, which bar such concessions to death convicts. Despite this statutory bar, the Court held that constitutional principles and fundamental rights demand a humane approach, especially when the prisoner seeks to see his dying mother. 'If anybody said that the prisoner's request is like the words of 'a wolf in sheep's clothing,' they cannot be blamed. But a court of law cannot take an inhuman stand like the prisoner who orphaned the kith and kin of the victim," the Court said. The High Court emphasised that until a sentence is finally executed, a convict remains entitled to basic rights and dignity. Accordingly, the Court directed prison authorities to grant escort parole to the convict and allow him to spend at least six hours with his mother under strict police supervision. 'Necessary arrangement shall be made by the District Police Chief (Thiruvananthapuram City) for granting escort parole to the petitioner's husband forthwith," the Court added. First Published: June 26, 2025, 15:48 IST
News18
11-06-2025
- News18
'Good Education For Son Is Convict's Right': Kerala HC Grants Man Parole To Help With Admission Process
Last Updated: "When a convict is in jail, he will lose some of his rights. But the child of the convict should get the presence of his father for few days for a successful education," HC said The Kerala High Court recently allowed a convict seven days parole to spend a few days with his son, who is preparing to get admission for his higher education. Allowing the petition filed by the wife of a convict undergoing imprisonment at Central Prison and Correctional Home, Thavanur, the High Court noted that child of the convict should get the presence of his father for a few days for successful education. As the court was told that the child obtained six A+ and two A grade in SSLC examination, it said, 'Such a bright student seeking the help of his father to get admission in a plus two course after arranging fees and other things. This Court cannot keep its eyes shut to such request from a convict. The basic rights of the convict includes the right of a father to get good education to his child. A father's presence plays a vital role in child's higher education journey by offering emotional support, guidance and mentorship.". 'Let the bright child of the convict, namely Shahansha Rasheed, who secured six A+ in SSLC examination, spend a few days with his father. Shahansha Rasheed should go to the plus two course after getting blessings from his parents with a smile on their face. Let the almighty give blessings to Shahansha Rasheed for a bright future. I think, the petitioner's husband should be given emergency leave for a period of seven days", a bench of Justice PV Kunhikrishnan thus ordered. Accordingly, the convict Rasheed has been granted emergency leave for a period of one week from 12.06.2025 to 18.06.2025 on condition that the convict will execute a bond for Rs.1,00,000/(Rupees One Lakh Only) with two solvent sureties each for the like sum, to the satisfaction of the jail authorities. First Published: June 11, 2025, 16:08 IST
