If Parole Can Be Given To Share Grief, Why Not To Share Happy Moments? Bombay HC Releases Convict To Meet Son Going Abroad To Study

The Bombay High Court earlier this week held that if parole can be provided to a convict in emergency situations or for marriages in the family, it can also be granted for the convict to share "happy moments" with his family like the travelling of his child to some other country for studies.

The observation came on a plea filed by a life convict, who sought parole to meet his son, who has secured admission in a university in Australia and is expected to fly out of India on July 22.

A division bench of Justices Bharati Dangre and Manjusha Deshpande noted the object of Rules governing parole and furlough provides temporary release of the prisoner, which is warranted so as to enable the inmate to maintain continuity with his family life and deal with the family matters and also to save him from the evil effects of continuous prison life and maintain his mental balance by creating active interest in life and to enable him to remain hopeful for the future.

"The provisions of Parole and Furlough have been time and again looked towards as a humanistic approach towards the convicts lodged in Jail for an act purely attributed to them.The core of the benefts being made available under the Prisons (Bombay Furlough and Parole) Rules, 1959 being to repose the faith of a convict in the system, and the fact that he has been convicted and sentenced to undergo life imprisonment, only upon his release periodically either for certain reason or otherwise on account of undergoing a particular number of days in incarceration, his hope to be alive and his bond with his near and dear ones may be encouraged and also inspire his confidence in the prison system," the judge observed.

The bench noted from the Rules, that a prisoner is given Emergency Parole for 7 days in case of death of any family member, special parole of 4 days to attend marriage, regular parole to cater to the needs of his family members, which includes serious illness, delivery of wife, or in order to take care of the family in case of natural calamities, etc.

"...we miserably fail to understand why a happy occasion like this, where his son who has secured an admission in a prestigious University in Australia and since he seek temporary release relief on that count, so that he can arrange for the financial resources and also bid farewell to his son, who is going to depart from the country for a period of two years, why the benefit to Parole shall be denied to him by restricting it to the circumstances set out therein and not in a situation which the petitioner has brought before us," the bench observed.

Further, the bench underlined, "Grief, is an emotion, so, is happiness and if Parole can be granted to share grief, why not to share a happy occasion or moment."

Notably, the Jail Authorities in Silvasa had refused to grant the parole leaves to the petitioner for bidding farewell to his son on the ground that the existing Rules do not provide such a reason for releasing a convict on temporary leave.

The petitioner who is incarcerated since almost 9 years, approached this Court by stating that his son has been selected for admission in Master of Data Science Program at RMIT University, Melbourne in Australia, and the curriculum is to commence from July 22, 2024 and its duration is 2 years. The petition pointed out that for the said course, he has to pay around Rs 36 lakhs.

According to petitioner, for biding farewell to his son and on the pretext that for arranging the money required for meeting the expenses for his tuition fees and travel is not a ground prescribed under the Rules.

Therefore, the bench ordered his release for 10 days.

Case Title: Vivek Krishnamurari Shrivastav v. State of Maharashtra and Ors.

Click Here To Read/Download Order