Case Note & Summary
The petitioner, Abdul Rehman, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the Chief Superintendent of Central Prison, Parappana Agrahara, to release his father, Amzad Pasha, on parole for 30 days to attend the petitioner's nikah (marriage) scheduled on 3.9.2023. The petitioner argued that under Muslim personal law, the presence of the father at the nikah of his daughter is desirable, as noted in Fyzee's 'Outlines of Muhammadan Law'. The High Court of Karnataka, presided over by Justice Krishna S Dixit, allowed the petition, relying on the precedent in Suma v. State of Karnataka, (2022) 1 KLJ 265, which emphasized compassion in correctional confinement. The court observed that the sublime feelings of spouse and children permeate prison walls and reach the convict, and that the standard of civilization is measured by how the State and society treat criminals. The court directed the respondents to release the petitioner's father on parole for a period of 30 days to attend the marriage, subject to usual conditions.
Headnote
A) Prison Law - Parole - Social Obligations - Compassionate Grounds - Parole granted to a Muslim convict to attend his daughter's nikah, recognizing the desirability of father's presence under Muslim personal law - Court held that parole can be granted for such social obligations, citing the principle of compassion in correctional confinement (Paras 1-3).
Issue of Consideration
Whether a convict can be granted parole to attend his daughter's nikah (marriage) under Muslim personal law.
Final Decision
The petition is allowed. The respondents are directed to release the petitioner's father on parole for a period of 30 days to attend the marriage of the petitioner, subject to usual conditions.
Law Points
- Parole may be granted for social obligations like marriage of child
- Compassion in correctional confinement
- Presence of father in nikah is desirable under Muslim personal law
