Being Muslim it's essential for him to attend daughter's wedding: Kerala HC grants emergency leave to murder convict

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Synopsis

The plea was moved by the youngest daughter of the murder convict. Previously, he had been permitted parole on two occasions to attend the weddings of his other two daughters

The Kerala High Court recently allowed emergency leave to a murder convict, permitting him to attend his daughter's wedding. Court emphasized the significance of a father's presence at his daughter's wedding ceremony, particularly considering the cultural context of the parties being Muslim.

"As the father of a daughter, and that too being a Muslim, it is essential that the father attends the wedding," the bench of Justice Bechu Kurian Thomas noted.

The plea was moved by the daughter of the murder convict who was lodged at the Open Prison & Correctional Home, Cheemeni. The convict was sentenced to undergo life imprisonment. The marriage of the daughter is scheduled for January 7, 2024. Earlier, the convict's request for emergency parole had been rejected. 

The daughter contended that as a Muslim, in the absence of the father, the marriage may not even take place and that on an earlier occasion since parole was not granted, her marriage had to be postponed.

The court was also apprised by the Additional Public Prosecutor that the convict had earlier been granted emergency leave for three days and one day journey time to attend the marriage of his eldest daughter in 2017 and thereafter he was again granted emergency leave for seven days plus one day journey time in 2019 to attend the marriage of his second daughter.

Recently, the convict was again granted emergency leave for seven days to attend the funeral ceremony of his mother and on other regular occasions as well he was granted ordinary leave, APP told. 

The court took note of the fact that the convict had a commendable record of adhering to the terms of previous emergency and ordinary leaves, consistently returning without any violations.

There are no adverse reports against the conduct of the petitioner’s father nor are there any apprehensions expressed by the respondents that he will abscond, court underscored. 

In such circumstances, court decided to grant the emergency leave for three days plus one day travelling time to the convict from January 5 to 8, to attend the wedding of his youngest daughter.

Case Title: xxx. v. State of Kerala and Others