Introduction:

In a recent decision, the Kerala High Court addressed a plea by the daughter of a murder convict seeking emergency parole for her father to attend her wedding. The Court acknowledged the cultural importance, especially in Muslim families, of a father’s presence at his daughter’s wedding and granted emergency leave for the occasion.

Arguments:

The daughter of the convict approached the Court seeking emergency parole for her father to attend her wedding scheduled for January 7, 2024. She emphasized that her marriage depended on her father’s presence and noted a previous postponement due to the denial of parole.

The Additional Public Prosecutor argued against the grant of emergency parole, citing prior refusals for valid reasons and stating that emergency leave was granted on prior occasions for the weddings of the convict’s other daughters and for his mother’s funeral.

Court’s Judgement:

Justice Bechu Kurian Thomas, acknowledging the significance of a father’s presence at his daughter’s wedding, particularly in Muslim culture, granted emergency leave to the convict. The Court noted the absence of adverse reports about the father’s conduct and past compliance when granted emergency or ordinary leave. It highlighted the essentiality, as a father of a daughter, for him to attend the wedding.

The judge also considered that the petitioner’s marriage hinged upon her father’s presence, having been postponed previously due to his inability to attend. With no apprehensions of absconding or adverse conduct, the Court allowed the plea and granted the convict four days of emergency leave to attend his daughter’s wedding.