Personal Marriage A ‘Sufficient Cause’ To Grant Parole: Bombay HC [Read Judgment]

The Bombay High Court in Goa has told the prison authorities to consider granting parole to a prisoner for attending his own marriage.

The issue before the court was whether a prisoner can be granted parole for participating in his own marriage according to the Goa Prisons Rules. Cecilia Fernandes’ application seeking parole was rejected by the authorities earlier and his marriage had to be rescheduled. He approached the high court seeking a direction to authorities to grant him parole.

The authority contested the plea of the prisoner before the high court based on a Rajasthan High Court order, contending that Rajasthan Rules contemplated the grant of parole on the ground of personal marriage, which was not contemplated in Rule 324 of the Goa Prisons Rules.

A division bench comprising Justice FM Reis and Justice Nutan D Sardessai observed that the expression “for any other sufficient cause” would take within its sweep the marriage of the prisoner to order his release on parole.  The court also noted that there were no assertions in the order disputing the fact that he had been earlier enlarged on furlough or parole.

The court then directed the Addl. IG Prisons to examine his request for parole commencing a week prior to 27.1.2017, on which his marriage is scheduled.

Read the Judgment here.