On September 1, the Karnataka High Court granted furlough leave to a convict Abdul Rehman to attend his daughter’s Nikah ceremony, scheduled to be held on September 3, 2023. Noting that the provisions of parole/furlough are structured on humanistic grounds for the reprieve of those lodged in jails for long periods of time, the Bench of Justice Krishna S Dixit granted the convict a furlough of a period of 7 days. The said order was passed in the case of Abdul Rehman vs State of Karnataka and Anr.
It is essential to note that a writ petition was moved to the High Court of Karnataka on the said matter. The petitioner had sought parole for his daughter’s wedding on September 3, 2023. He had highlighted that Fyzee on ‘Outlines of Muhammadan Law’, Fourth Edition at page 93 suggests that the presence of father in the performance of Nikah of his daughter is desirable.
Through the said order, the bench upheld the reformative approach of punishment that the criminal justice system of India deems to follow. In its order, the court observed that although sporadically, a convict has to keep in contact with the civil society so that their societal roots do not dry up as they languish in the jail for long periods. In the order, it was stated: “In matters like this humanistic approach needs to be adopted qua the convicts; a convict has to keep in contact with the civil society although sporadically, so that his societal roots, do not dry up when he languishes in the jail; otherwise, when he returns from the prison after completing the term of sentence, he may be a total stranger and life may prove hard to him; this is not a happy thing to happen in a Welfare State.” (Para 3)
The court also provided that “ordinarily every Muslim Marriage involves certain rituals that are done with the participation of the parents.” Through the order, the bench also remarked on the importance of presence of parents on a day as important as a wedding. The order stated “When a young daughter is getting married, the presence of her father is desirable, consistent with the humanitarian considerations which inhere in Article 21 of the Constitution of India.” (Para 3)
The court further opined that conviction and imprisonment “does not render the convict destitute of all liberty & dignity; in matters like this humanistic approach needs to be adopted qua the convicts.”
Thus, the Court directed the authorities to release Rehman on furlough, subject to usual precautions, for a period of seven days commencing from September 2. The bench also stressed that “The main purpose of releasing a serving convict on parole is to afford him an opportunity to solve his personal & family problems and to enable him to maintain his links with the civil society, there may be cases of health grounds too.”
Accordingly, the writ petition was disposed of by the court.
The order can be read here:
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