The Kerala High Court recently granted one week's emergency leave to a convict serving life sentence at the Central Prison in Malapuram, to help his son secure admission for higher secondary education [Shafeena PH v. State of Kerala & Ors.].
Justice PV Kunhikrishnan opined that while convicts lose some of the rights ordinarily available to citizens, they still have the right as a parent to ensure that their children get a good education.
"The basic rights of the convict includes the right of a father to get good education (for) his child. A father’s presence plays a vital role in child’s higher education journey by offering emotional support, guidance and mentorship. 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," the Court said in its judgment.
The judgment was passed on a petition moved by the wife of the life convict seeking emergency parole for him.
The Court was told that their son had recently completed his Secondary School Leaving Certificate (SSLC) examination with six A+ and two A grades. The petitioner-wife contended that they needed the life convict's assistance to secure admission to a higher secondary course for their child.
The jail authorities had earlier rejected the convict's parole request, stating that there was no provision for parole on such grounds, prompting the convict's wife to approach the High Court.
Taking note of the child's merit and the purpose for which the leave was being sought, the Court said that it cannot turn a blind eye when a bright student seeks his father's support for admission procedures.
"Let the bright child of the convict namely XXXX, who secured six A+ in SSLC examination, spend a few days with his father. XXXX should go to the plus two course after getting blessings from his parents with a smile on their face. Let the almighty give blessings to XXXX for a bright future," the Court said.
The Court, therefore, allowed the petition and directed that the convict be released on emergency leave for seven days.
The petitioner was represented by advocates PK Varghese, MT Sameer, Jerry Mathew, Justin KK, Devika KR, Sawparnika Raju, and Siyad Ummer.
Senior Public Prosecutor Hrithwik CS appeared for the State.
[Read Judgment]