Kerala High Court allows ‘Ripper Jayanandhan’ to attend a book release function with a two-day escort parole

Case: Indira v. State of Kerala

Coram: Justice P.V. Kunhikrishnan

Case No.: WP(CRL.) NO. 1307 OF 2023

Court Observation: “Here is a case where the petitioner’s husband who is a convict undergoing imprisonment for about 17 years. He wrote a book…He studied only up to 9th standard. The book release is scheduled on 23.12.2023. A convict in detention for 17 years wrote a book and he wants to participate in his book release function is the situation. In such a situation, I am of the considered opinion that the constitutional court should step in, even if the Rules do not permit such release. The petitioner’s husband should be given an opportunity to participate in the book release function and also on the previous day for making arrangements for the function. Therefore, the petitioner’s husband should be allowed two days escort parole on 22.12.2023 and 23.12.2023”.

“It is true that the Rules do not permit any emergency leave or ordinary leave to the petitioner’s husband. In such circumstances, whether the constitutional court can step in, if there is an extra-ordinary situation is the question to be decided,” 

“The petitioner’s husband should see the legal fight of his daughter before this court for his release on parole and hence should see that the directions are complied by him on the two days, when he is released on escort parole. The legal fight of his wife and daughter should be there in the mind of the convict. The result of this Judgment is because of the efforts of his daughter and his wife. The daughter loves her father and is anxious to see that her father attends the book release function. Therefore, he should reciprocate by obeying the directions of the court to allow them to continue the legal fight in accordance to law. The legal fight of a daughter to get a release order for her father to attend the function is also to be appreciated, even if, her father is an accused in several cases including five murder cases. Just like a mother, a father is also a hero to every child,”

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Kerala High Court allows ‘Ripper Jayanandhan’