The Bombay High Court has granted a 10-day parole to a convict, Vivek Shrivastav, to bid farewell to his son who is leaving for Australia for further studies.
The court held that parole can be granted not just for emergencies but also for happy occasions, like bidding farewell to a family member. The provisions of parole and furlough are meant to keep the convict connected with the outside world and allow them to attend to family matters.
The prosecution argued that parole is only for emergency situations, but the court disagreed, saying that happiness is also an emotion that deserves consideration. Shrivastav was convicted of murder in 2012 and is serving a life sentence. He appealed his conviction in 2019 and is currently seeking parole to arrange tuition fees for his son's education in Australia.
The court said that parole and furlough rules aim to maintain continuity with family life, deal with family matters, and save the convict from the negative effects of prison life.
The benefits of parole are meant to repose faith in the system and allow the convict to remain hopeful for the future.
“We miserably fail to understand why the benefit of parole should be denied to the petitioner on a happy occasion like this, where the petitioner is seeking temporary relief so that he can arrange for financial resources and bid farewell to his son, who has secured an admission in a prestigious university in Australia,” HC said.
It added that a huge amount has to be arranged for the petitioner’s son to go to Australia.
“Unless and until the father is available to arrange for this amount, his young son may lose a chance and the offer which he has received,” the court said.
“We also feel that this is a moment to rejoice when his son deserves a goodbye with best wishes being bestowed upon him from his father, and we do not intend that he should be kept away from this moment, which brings pride to him, being a father,” the court said.