“Justice Needs A Human Touch”: Kerala HC Grants Escort Parole To Death Row Convict To Visit Ailing 93-Yr-Old Mother

The Single Bench of Justice P.V. Kunhikrishnan, while passing the judgment, remarked that although the convict is accused of a brutal murder committed in front of the victim’s wife, child, and mother, the court cannot adopt an equally inhuman stance.

“Justice, without the soft hand touch of humanity, compassion, and empathy, is not justice. But humanity, compassion and empathy are matters of judicial discretion which is to be used based on the facts and circumstances of each case,” the Court observed, adding that India does not follow the doctrine of “an eye for an eye, a tooth for a tooth.”

"Our country known for its humanity, compassion, and empathy while delivering justice. It is the duty of the constitutional court to see that the fundamental needs and basic rights of a prisoner is protected till the sentence is finally executed," the Single Bench said. 

Facts of the Case

The convict had appealed his conviction by the Sessions Court, which had awarded him the death sentence.

His wife had approached the High Court after prison authorities denied her request for escort parole, citing Section 42 of the Kerala Prisons and Correctional Services (Management) Act and Rule 339(2) of the Rules framed under it, which bar such concessions to death convicts.

Court's Observations 

Despite this statutory bar, the Court held that constitutional principles and fundamental rights demand a humane approach, especially when the prisoner seeks to see his dying mother.

“If anybody said that the prisoner’s request is like the words of ‘a wolf in sheep’s clothing,’ they cannot be blamed. But a court of law cannot take an inhuman stand like the prisoner who orphaned the kith and kin of the victim,” the Court said.

The High Court emphasized that until a sentence is finally executed, a convict remains entitled to basic rights and dignity.

Accordingly, the Court directed prison authorities to grant escort parole to the convict and allow him to spend at least six hours with his mother under strict police supervision.

"Necessary arrangement shall be made by the District Police Chief (Thiruvananthapuram City) for granting escort parole to the petitioner's husband forthwith," the Court added.