The Kerala High Court denied emergency parole for giving care to a 42 years old pregnant wife to a convict undergoing life imprisonment for a murder case, and emphasized that the prison walls are not just physical barriers, but also symbol of the suspension of certain fundamental rights that citizens enjoy.

The Petitioner’s husband was a convict undergoing Life imprisonment in a murder case, sought emergency leave to give ‘pregnancy care’ to his wife.

The Bench of Justice P.V. Kunhikrishnan observed, “The petitioner's husband was sent to jail because he murdered a person. Most of his constitutional rights are suspended during the period of his sentence. He cannot enjoy life like other citizens of this country. If this Court starts to grant emergency leave to convicts on birthdays, 28th day naming ceremonies, first rice feeding ceremonies,etc., the people will lose faith in the judiciary. Those are not grounds to grant emergency leave.”

Advocate Jerry Mathew represented the Petitioner, while Advocate Seetha S represented the Respondent.

Case Brief

The petitioner married the convict in 2010 and went for IVF treatment. It was the contention of the petitioner that she needs the presence of her husband.

The petitioner was 42 years old, therefore, there exists a high risk of miscarriage if proper support and care are not given. Accordingly, an emergency parole was requested for the petitioner’s husband.

Court’s Analysis

At the outset, the Court noted, “The prison walls are not just physical barriers, but also a symbol of the suspension of certain fundamental rights that citizens enjoy...Most of the fundamental rights of the convicts are suspended when they are convicted and sent to jail. The same cannot be diluted by granting emergency leave to convicts regularly unless there are extraordinary situations.”

The Court was of the opinion that a convict is not entitled to emergency leave for giving care to his wife during the pregnancy.

“The convict should know that the families of the victims are in this society, and if this Court starts to grant emergency leave in a situation like this, the victims of the deceased will lose their faith in the judiciary”, the Court opined.

Further, the Court also observed that no court can grant parole to convicts sentenced in serious cases without taking into consideration the victims as balance in the interests of the victims and the basic needs of the convicts needs to be maintained.

Accordingly, the Writ Petition was dismissed.

Cause Title: Bindhu K. P V. State of Kerala (Neutral Citation:2025:KER:59006)

Appearance:

Petitioner: Advocates Jerry Mathew, Devika K.R.

Respondents: Advocate Seetha S

Click here to read/download the Judgment

Justice P.V. Kunhikrishnan

Pridhi Chopra

    Pridhi Chopra was earlier practicing as an Advocate in Delhi. She pursued B.A. (H) English from Gargi College, University of Delhi, and subsequently pursued a degree in Law.