Karnataka HC Grants Parole for Father’s Presence at Daughter’s Nikah

Karnataka High Court Law Insider

LI Network

Published on: 07 September 2023 at 15:13 IST

The Karnataka High Court recently granted a seven-day parole to an individual, allowing him to attend his daughter’s Nikah ceremony.

Justice Krishna S. Dixit emphasized that imprisonment should not strip a person of all liberty and dignity.

The Court emphasized the importance of adopting a humane approach towards convicts in such cases to prevent their societal ties from withering away.

The Court highlighted that a convict should maintain some contact with civil society, even intermittently, to ensure that their societal connections remain intact during their incarceration.

This is essential because, upon completing their sentence and returning to society, they should not feel like complete strangers, which could make their reintegration difficult, especially in a Welfare State.

The petitioner had sought temporary release to attend his daughter’s wedding on September 3, 2023, citing that the presence of a father in his daughter’s nikah is desirable, as suggested in Fyzee’s ‘Outlines of Muhammadan Law.’

The Court referenced its previous decision in the case of Suma vs. State of Karnataka, where a similar view was taken.

The Court also emphasized that parole provisions are founded on humanitarian principles, particularly for individuals serving long sentences.

Parole aims to give convicts the opportunity to address personal and family issues and to maintain ties with civil society. Health-related considerations may also apply.

Additionally, the Court observed that most Muslim marriages involve rituals that require parental participation.

In the case of a young daughter’s wedding, the presence of her father is deemed desirable, aligning with the humanitarian values embodied in Article 21 of the Indian Constitution.

Consequently, the Court granted the plea and ordered the petitioner’s release on parole for seven days.

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