Consider parole for marriage: Bombay HC

Mumbai: The Goa bench of the Bombay high court has directed the inspector general of police (prisons) of the Goa police to consider a prisoner’s application for one-month parole for his marriage.

The high court observed that seeking parole for the wedding could fall within the ambit of “sufficient cause”.

As per the conditions laid out for the eligibility of parole under the jail manual in Goa, a prisoner can seek parole for various reasons including the wedding of his/her brother or sister, the sickness of his/her parents, child, wife and other relatives and for other sufficient reasons.

The prisoner’s application for parole was rejected by the IGP (prisons) of Goa police in December last year on the grounds that his release could lead to a “breach of peace”.

R. Menezes, the advocate of petitioner, claimed that his client’s request of seeking parole for his marriage falls within the ambit of “sufficient cause” as stated in the Goa Prison Rules.

Showing records of civil registration, Mr Menezes argued that petitioner had filed the application before additional IG (prisons), seeking parole but the police rejected his petition on December 1, 2016. After the prisoner’s application was rejected, he approached the court.

Mr Menezes further argued that petitioner, who is serving life imprisonment, has already completed 11 years in the jail and had been granted parole several times in the past.

The prisoner’s advocate also cited an order of Rajasthan high court that granted parole to a prisoner for a month for marriage.     

M. Amonkar, the assistant public prosecutor, informed the court that the grant of parole on the ground of personal marriage was not included in Goa Prison Rules (2006). However, he added that the prisoner’s marriage could come under the expression “for any other sufficient causes”, which is mentioned in the rules.

After hearing both sides, the high court bench said, “We have no hesitation to accept the contention of petitioner in the matter of granting parole and direct the additional IG (prisons) to consider his request.”