ABDUL REHMAN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition seeks parole of the petitioner a Muslim on the ground that his daughter's nikah is scheduled on 3/9/2023. Fyzee on 'Outlines of Muhammadan Law', Fourth Edition at page 93 suggests that the presence of father in the performance of nikah of his daughter is desirable.

(2.) Almost a similar view is taken by this court in SUMA vs. STATE OF KARNATAKA, (2022) 1 KLJ 265, where in paragraph 3(c) is reproduced as under:

(3.) The fact that a person is convicted and put behind the bars, does not render him a destitute of all liberty and dignity; 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 provisions of parole/furlough are structured on humanistic grounds for the reprieve of those lodged in gaols 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 marriage of convict's daughter is scheduled to be performed on 3/9/2023; petitioner has produced the Marriage Invitation Card; 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.