Convict seeks parole for taking care of his pregnant wife; cannot grant parole for trivial reasons, says High Court

KOCHI: The High Court has opposed the trend of prisoners seeking emergency parole for trivial reasons. The court observed that if such a trend is allowed, people might start requesting parole for festivals, celebrations, or even family trips. It made clear that parole will be granted only in exceptional situations.

Justice P.V. Kunhikrishnan made this observation while dismissing the petition of a woman who sought emergency parole for her husband, a convict in a murder case, so that he could care for her during her pregnancy.

The single bench pointed out that the High Court has received petitions seeking parole for events like a baby’s naming ceremony, first rice-feeding, and other family functions. Allowing such requests, the court said, would undermine public and victim confidence in the judiciary, blurring the distinction between a criminal and an ordinary citizen.

Once a person is in prison, most of their fundamental rights are curtailed, which is the very purpose of punishment. The court added that a convict is reformed by the constant awareness that the eyes of the victim and their family are always on them.

The petitioner, from Kannur, is the wife of a life convict serving his sentence in Viyyur Central Prison for murder. She argued that she had become pregnant after many years through IVF treatment and that her husband’s care was essential. Prison authorities rejected the request, noting that the reason given was not among those listed in the parole rules. Challenging this decision, she approached the High Court. However, the court ruled there were no exceptional circumstances to justify parole and that granting it would be an injustice to the victim’s relatives, and thus dismissed the petition.