JASMIN SHAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) Justice, without the soft hand touch of humanity, compassion, and empathy is not justice. But humanity, compassion and empathy are matters of judicial discretion which is to be used based on the facts and circumstances of each case.

(2.) The petitioner's husband is a condemned prisoner, facing capital punishment based on the judgment of the Addl. Sessions Court ' I, Mavelikara in SC No. 461/2022. The husband of the petitioner, who is to be hanged to death based on the above judgment, subject to the appeal pending before this Court and other remedies available to him, has approached this Court with this petition through his wife against the denial of escort visit/emergency parole to him to see his bedridden mother aged 93 years. The authorities dismissed the same, stating that the law is against granting such escort parole/emergency parole to the condemned prisoner, who is sentenced to death by a court of law. Whether this Court can invoke the jurisdiction under Article 226 of the Constitution of India in this particular case is the question.

(3.) The mother of the petitioner's husband is aged 93 and was hospitalised earlier. At that time, the petitioner submitted an application for escort visit/emergency parole on behalf of the prisoner to the 5th respondent for visiting the ailing mother by the prisoner. But, it was rejected by Ext.P1 order dtd. 12/12/2024. It is submitted that the prisoner's mother was hospitalised again on 19/5/2025 at TD Medical College Hospital, Alappuzha. Ext.P2 is the treatment certificate. Ext.P3 is the CT Scan Brain from the Department of Radio Diagnosis of TD Medical College Hospital dtd. 20/5/2025, of the mother of the prisoner. She was discharged on 26/5/2025 and now, she is at her home suffering from multi-infarct syndrome, vascular dementia and generalised osteoporosis. It is submitted that the mother of the prisoner is completely bedridden. Ext.P4 is the discharge card of the mother of the prisoner. Therefore, the petitioner again submitted an application to the 5th respondent seeking either emergency parole or an escort visit at her own expense by enclosing the medical records. Ext.P5 is the application. The 5th respondent, by order dtd. 11/6/2025, rejected Ext.P5 as per Ext.P6. Hence, this writ petition is filed with the following prayers :