- Home
- /
- High Courts
- /
- Karnataka High Court
- /
- Can't Let Convict's "Societal...
Can't Let Convict's "Societal Roots" Dry Up During Imprisonment: Karnataka High Court Releases Man On Furlough To Attend Daughter's Nikah
Mustafa Plumber
4 Sept 2023 10:09 AM IST
Observing that “ordinarily every Muslim Marriage involves certain rituals that are done with the participation of the parents,” the Karnataka High Court granted furlogh leave to a convict Abdul Rehman, to attend his daughters nikah which was scheduled yesterday. Bench of Justice Krishna S Dixit remarked that although sporadically, a convict has to keep in contact with the civil society...
Observing that “ordinarily every Muslim Marriage involves certain rituals that are done with the participation of the parents,” the Karnataka High Court granted furlogh leave to a convict Abdul Rehman, to attend his daughters nikah which was scheduled yesterday.
Bench of Justice Krishna S Dixit remarked that although sporadically, a convict has to keep in contact with the civil society so that his societal roots do not dry up when he languishes in the jail;. "Otherwise, when he returns from the prison after completing the term of sentence, he may be a total stranger and life may prove hard to him; this is not a happy thing to happen in a Welfare State.”
The Court thus directed the authorities to release Rehman on furlough, subject to usual precautions, for a period of seven days commencing from September 2. It said,
“When a young daughter is getting married, the presence of her father is desirable, consistent with the humanitarian considerations which inhere in Article 21 of the Constitution of India.”
The court further opined that conviction and imprisonment "does not render him [convict] a destitute of all liberty & dignity". In matters like this humanistic approach needs to be adopted qua the convicts, it said.
It added, “The provisions of parole/furlough are structured on humanistic grounds for the reprieve of those lodged in gaols for long. The main purpose of releasing a serving convict on parole is to afford him an opportunity to solve his personal & family problems and to enable him to maintain his links with the civil society, there may be cases of health grounds too.”
Accordingly, it disposed of the matter.
Case Title: Abdul Rehman And State of Karnataka & Others
Case No: WRIT PETITION NO. 18712 OF 2023
Citation: 2023 LiveLaw (Kar) 340
Date of Order: 01-09-2023
Appearance: Advocate Sirajuddin Ahmed for Petitioner.
AGA Navyashekhar for Respondents.
