“Father’s Presence Plays A Vital Role”: Kerala High Court Grants Emergency Parole To Life Convict For Son’s Higher Secondary Admission
The Court said that the basic rights of a convict include the right to support their child’s education and observed that a father’s presence plays a vital role in a child’s higher education journey.
The Kerala High Court has directed the temporary release of a life convict for one week to enable him to assist his son in securing admission to a higher secondary course, after the jail authorities had rejected the request on the ground that no provision existed for such a release.
A Single Bench of Justice P.V. Kunhikrishnan observed, “The basic rights of the convict includes the right of a father to get good education to his child. A father’s presence plays a vital role in child’s higher education journey by offering emotional support, guidance and mentorship.”
The Court further stated, “Let the bright child of the convict… who secured six A+ in SSLC examination, spend a few days with his father… Let the almighty give blessings… for a bright future.”
The Petitioner was represented by Advocate P. K. Varghese, while Senior Public Prosecutor Hrithwik C.S. represented the Respondents.
Brief Facts
The Petitioner, the wife of a life convict undergoing imprisonment, filed a writ petition seeking emergency parole for her husband.
She submitted that their son had recently completed his SSLC examination with high grades and required his father’s support to arrange admission to a higher secondary course, including logistical and financial assistance. The request was rejected by the jail authorities, who stated that no provision existed for such a release.
Reasoning of the Court
Upon examining the matter and the child’s academic record, the Court noted the exceptional performance of the student and the role of parental support in shaping educational futures.
The Court observed, “Such a bright student seeking the help of his father to get admission in a plus two course after arranging fees and other things. This Court cannot keep its eyes shut to such request from a convict.”
The Court acknowledged the limitations placed on convicts, but emphasised that the rights of the child and the rehabilitative principle must also be weighed. “It is true that, when a convict is in jail, the convict will lose some of his rights. But, the child of the convict should get the presence of his father for few days for a successful education year”, it added.
The Bench expressed hope for the child’s success and stressed the importance of a brief parental presence during a key academic transition, stating, “Let the bright child of the convict… spend a few days with his father. He should go to the plus two course after getting blessings from his parents with a smile on their face.”
The Court held that the request for temporary release was justified in light of the son’s academic needs and the convict’s right to support his family.
Accordingly, the Bench directed that the convict be released on emergency leave for a period of one week.
The release was made conditional upon the convict executing a bond of Rs. 1,00,000/- with two solvent sureties of the same amount, to the satisfaction of the jail authorities.
Cause Title: Shafeena P H v. State of Kerala & Ors. (Neutral Citation: 2025:KER:404891)
Appearance:
Petitioner: Advocates P.K. Varghese, M.T. Sameer, Jerry Mathew, Justin K.K., Devika K.R., Sawparnika Raju, Siyad Ummer
Respondents: Senior Public Prosecutor Hrithwik C.S.
