The Karnataka High Court has granted a 7-day parole to Amjad Pasha, a convict imprisoned in Central Prison, Bengaluru, to attend his daughter’s nikah ceremony. The court recognized that the presence of a parent, especially a father, is desirable during such events and noted that this is consistent with the humanitarian considerations enshrined in Article 21 of the Indian Constitution. Pasha’s son had initially sought a 30-day parole but the court deemed 7 days to be sufficient. The court’s order highlights the purpose of parole and emphasizes the importance of maintaining connections with civil society.
Justice Krishna S Dixit, in his order, highlighted that the provisions of parole and furlough are structured on humanitarian grounds to provide relief to those incarcerated for extended periods. The primary objective of parole is to offer serving convicts an opportunity to address personal and family matters. It ensures that their links with society remain intact while in jail, preventing them from becoming strangers when they complete their terms. Justice Dixit stressed the need for a humanistic approach and emphasized that a convict should maintain contact with civil society sporadically, so as to not lose their societal roots during their incarceration.
The court’s decision reflects the recognition that a person’s conviction and imprisonment should not deprive them of all liberty and dignity. Allowing convicts brief periods of release to attend important family events helps in maintaining their societal connections and eases their reintegration into society after serving their sentence. The court’s order acknowledges the importance of parole in the context of a welfare state, highlighting the potential challenges faced by individuals who return to society as total strangers after a long stint in prison.
The decision to grant parole to Amjad Pasha for the specific purpose of attending his daughter’s nikah ceremony sets a precedent that recognizes the significance of familial ties and cultural traditions. It showcases the judiciary’s understanding of the emotional and social impact that incarceration can have on individuals and their families. By allowing Pasha to participate in his daughter’s wedding, the court has shown sensitivity and compassion, affirming the importance of maintaining human connections, even in the confines of the criminal justice system.
