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The Karnataka High Court has said that a person who is convicted and put behind the bars does not become a destitute of all liberty and dignity as it allowed Muslim man to participate in marriage of his daughter by allowing seven-day furlough to him.

A single judge bench of Justice Krishna S Dixit said in matters like this humanistic approach needs to be adopted qua the convicts.

"A convict has to keep in contact with the civil society although sporadically, so that his societal roots, do not dry up when he languishes in the jail; otherwise, when he returns from the prison after completing the term of sentence, he may be a total stranger and life may prove hard to him; this is not a happy thing to happen in a Welfare State," the bench said. 

A writ petition was filed for release of Azad Pasha, lodged in central prison, Bengaluru on parole for a period of 30-day to attend the marriage of his daughter.

Granting relief to the petitioner for seven days, the court highlighted ordinarily every Muslim marriage involves certain rituals that are done with the participation of the parents; even otherwise, when a young daughter is getting married, the presence of her father, is desirable, consistent with the humanitarian considerations which inhere in Article 21 of the Constitution of India. 

The court cited Fyzee on ‘Outlines of Muhammadan Law’, Fourth Edition at page 93, which suggested that the presence of father in the performance of nikah of his daughter is desirable. 

It said almost a similar view is taken by this court in the case of 'Suma Vs State of Karnataka' (2022).

"The provisions of parole/furlough are structured on humanistic grounds for the reprieve of those lodged in jails for long; the main purpose of releasing a serving convict on parole is to afford to him an opportunity to solve his personal and family problems and to enable him to maintain his links with the civil society; there may be cases of health grounds too," the court stressed.