Kerala HC denies life convict’s plea for emergency parole

Stating that parole cannot be granted to convicts sentenced in serious cases by invoking the extraordinary powers of the court under Article 226 of the Constitution of India, the Kerala High Court has denied emergency leave to a life convict, who was convicted of murder, to provide ‘pregnancy care’ to his wife.

A Bench of Justice P.V. Kunhikrishnan observed that while granting emergency leave by invoking its extraordinary jurisdiction, the court must always keep in mind the interests of the victims and their relatives. Their kith and kin might have been murdered after sustaining fatal injuries. No court can grant parole to convicts sentenced in serious cases by forgetting the victims and invoking the extraordinary powers of this court. The court will always try to balance interests of victims and basic needs of convicts.

Emergency parole, as per the Kerala Prisons and Correctional Services (Management) Rules, 2014, is to be granted only on rare occasions. Most of the fundamental rights of convicts are suspended once they are convicted and sent to prison. These rights cannot be diluted by granting emergency leave on a regular basis, except in truly extraordinary circumstances, the court observed.