The Supreme Court while allowing the plea of two life convicts i.e., husband and wife directed the authorities to consider their request sympathetically. The petitioners were seeking parole from the Court to undergo IVF.

The two-Judge Bench of Justice Surya Kant and Justice J.K. Maheshwari observed, “As regard to parole, liberty is granted to the petitioners to apply for the same. The concerned authorities are directed to consider such a request made by the petitioners sympathetically and as per their policy and grant parole to them if there is no legal impediment. Needful shall be done within two weeks from the date of submission of such an application.”

Advocate Mohd. Irshad Hanif appeared for the petitioners while Advocate Milind Kumar appeared for the respondents.

In this case, the issue for consideration before the Court was whether the petitioners were entitled to be released on parole as the wife was required to take medical treatment to conceive a child. She was 45 years old and her husband was around 40 years old.

The petitioners were life convicts and lived together in a quarter. It was an open jail and since the wife was getting treatment from a college, the authorities were ready and willing to shift the petitioners to open jail.

The Supreme Court in the above context directed, “It goes without saying that if the petitioners pray for such transfer, appropriate orders shall be passed within two weeks.”

Accordingly, the Apex Court disposed of the plea.

Cause Title- Vandana Sharma & Anr. v. The State of Rajasthan & Ors.

Click here to read/download the Order