Humanitarian considerations may justify exceptional judicial intervention under Article 226, overriding statutory prohibitions on parole for condemned prisoners.

JUDGMENT :

P.V.KUNHIKRISHNAN, J.

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 5^th respondent for visiting the ailing mother by the prisoner. But, it was rejected by Ext.P1 order dated 12.12.2024. It is submitted that the prisoner's mother was hospitalised again on 19.05.2025 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 dated 20.05.2025, of the mother of the prisoner. She was discharged on 26.05.2025 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 5^th respondent seeking either emergency parole or an escort visit at her own expense by enclosing the medical records. Ext.P5 is the application. The 5^th respondent, by order dated 11.06.2025, rejected Ext.P5 as per Ext.P6. Hence, this writ petition is filed with the following prayers :

i. “Call for records connecting Exhibit P1 to P6 from the respondents concerned;

ii. Call for Exhibit P6 from 5th respondent and Issue Writ of Certiorari to quash the same;

iii. Declare that condemned prisoners are entitled for emergency parole/escort parole under Rule 400 of Kerala Prisons and Correctional Services (Management) Rules, 2014;

iv. Issue Writ of Mandamus directing the respondents to grant emergency parole or escort parole to petitioner’s husband – Shaji (C No. 6192) imprisoned at Central Prison and Correctional Home, Poojapuram, Thiruvananthapuram to visit his mother;

v. Dispense with filing of the translation of vernacular documents;

vi. Such other reliefs as this Hon`ble Court may deem fit and proper; A N D vii. Award cost to the petitioner.”[sic]

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5. The counsel for the petitioner submitted that, even if the law does not permit emergency parole/escort visit to a condemned prisoner, this Court has ample jurisdiction to permit the same under Article 226 of the Constitution of India. The counsel submitted that, on humanitarian consideration, the petitioner's husband may be given emergency escort parole to see his mother. The Public Prosecutor seriously opposed the same. The Public Prosecutor took me through Sec.42 of the Ker