The Bombay High Court has ruled that convicts can be granted parole to celebrate significant family events, such as a child’s departure for studies abroad, in the same way they can for emergencies or weddings.
- The petitioner Mr. Venegavkar the convict applied for parole through the Surat District Collector’s office but was denied. The Additional District Magistrate cited a pending case against the convict in the Bombay High Court (Case No. 252 of 2019) as the reason for rejecting the parole application and suggested the convict apply for bail instead.
- The court disagreed with the decision to deny parole based on the pending appeal. The counsel for the petitioner argued that the power to grant parole lies with the prison superintendent or other designated authorities, as outlined in the Prison (Bombay Furlough and Parole) Rules, 1959. The judges found the reason given for rejecting the parole application to be unsatisfactory and decided to hear the case.
- The court noted that prison rules allow for different types of parole, including short-term emergency parole for deaths, brief parole for weddings, and longer regular parole for family crises like serious illness, childbirth, or natural disasters.
The court expressed confusion about why parole could be granted for sorrowful occasions like deaths, but not for joyous ones like a child’s departure for higher studies. They questioned the logic of restricting parole to the specific circumstances mentioned in the rules and not considering other significant life events.
- The prisoner’s request for parole to bid farewell to his son was denied by the Silvasa jail authorities as the existing rules did not permit such a reason for temporary release.
- The prisoner, who had been incarcerated for nine years, petitioned the court for parole as his son had secured admission to a prestigious Australian university, requiring a significant fee of around Rs. 36 lakhs, and he needed to make arrangements.
However, the court granted 10 days of parole, stating that a father’s presence is important for celebrating a child’s significant achievement.
CASE NAME: Vivek Krishnamurari Shrivastav v. State of Maharashtra and Ors.
NAME : J. RANI SANGAMITHRA,BALLB(HONS), SCHOOL OF EXCELLENCE IN LAW(TAMILNADU DR AMBEDKAR LAW UNIVERSITY),INTERN UNDER LEGAL VIDHIYA.
Disclaimer: The materials provided herein are intended solely for informational purposes. Accessing or using the site or the materials does not establish an attorney-client relationship. The information presented on this site is not to be construed as legal or professional advice, and it should not be relied upon for such purposes or used as a substitute for advice from a licensed attorney in your state. Additionally, the viewpoint presented by the author is of a personal nature
0 Comments