Kerala High Court Grants Escort Parole To Death Row Convict Despite Bar In Prison Rules Citing Aged Mother’s ‘Sinking’ Health
Observing that “Justice, without the soft hand touch of humanity, compassion, and empathy is not justice”, the Kerala High Court granted escort parole to a murder convict–awarded death penalty by sessions court–to meet his bedridden and ailing 93-year-old mother.
Notably, Section 42 of the Kerala Prisons and the Correction Services (Management) Act and Rule 339(2) of Kerala Prisons and Correction Services (Management) Rules categorically deny leave or escort visit to convicts who are sentenced to death.
Justice P. V. Kunhikrishnan opined that while it is true that the convict does not deserve any “humanitarian consideration” because the prosecution case against him and the other accused is that they brutally murdered the victim in front of his mother, wife and child, it however said that a court cannot take such an inhuman stand like the prisoner.
It said:
“If anybody said that the prisoner’s request is like the words of “ A wolf in sheep’s clothing”, they cannot be blamed. But, a court of law cannot take an inhuman stand like the prisoner who orphaned the kith and kins of the victim. India is not a country where retributive punishment like “an eye for an eye, a tooth for a tooth” is adopted. Our country known [sic] for its humanity, compassion and empathy while delivering justice. It is the duty of the constitutional court to see that the fundamental needs and the basic rights of a prisoner is protected till the sentence is finally executed.”
The prisoner had filed an appeal against the finding of the Sessions Court. The wife of the prisoner approached the High Court for escort parole after her request was denied by the jail authorities. She informed the Court that the 93-year-old mother was completely bedridden and was suffering from various ailments.
The court observed that when a prisoner who is waiting for death sentence submits before it that he wants to see his mother, who is in a sinking stage, the court “cannot shut its eye, even though he was inhuman to the deceased and his relatives, when he committed the murder, which is found as true by the trial court“.
Observing thus, the Court directed the prison authorities to take the convict on escort parole to see his mother, and allow him to spend at least 6 hours with her under the strict surveillance of escorting police.
Counsel for the Petitioners: Advocates K. S. Madhusoodanan, M. M. Vinod Kumar, P. K. Rakesh Kumar, K. S. Mizver, M. J. Kirankumar, Shaiq Rasal M.
Case No: WP(Crl.) 770 of 2025
Case Title: Jasmin Shaji v State of Kerala and Others
Citation: 2025 LiveLaw (Ker) 360
