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SURESHWAR THAKUR
Jagdish Kumar – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
S Ureshwar Thakur , J. (Oral) - (Through video conferencing)
1. The present petition has been filed under Article 226 of the Constitution of India read with the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 for issuance of a writ in the nature of mandamus hence directing the respondents to release the petitioner on emergency parole for one month, in order to enable him to make arrangements, and, to attend the marriage of his son, which is scheduled for 23.1.2022.
2. Heard.
3. The petitioner is granted parole w.e.f. 20.1.2022 uptil 24.1.2022, for the afore purpose. The Senior Superintendent of Police concerned is directed to deploy armed escorts alongwith the petitioner, to ensure his transportation from the jail concerned, to the venue of the marriage, of his son, at Village Khillan, Tehsil, and, District Mansa, hence scheduled for 23.1.2022. The Superintendent of Jail concerned, and, also the Senior Superintendent of Police concerned, shall coordinate, with each other, to ensure that armed guards are deployed from 20.1.2022 upto 24.1.2022, alongwith the petitioner, from the jail upto the venue of the marriage, besides the armed guards shall stay alongwith the
The court upheld the right to emergency parole for family events while ensuring necessary security measures.
Court granted convict limited emergency parole to attend family marriage under prison rules.
Emergency parole can be granted to convicts for significant family events when circumstances justify it.
Emergency parole may be granted based on compassionate grounds when circumstances justify attendance at significant personal events.
The court balanced the petitioner's criminal history with the significance of his presence at his daughter's wedding, ultimately granting him emergency parole for the specified dates.
The Court established the right to emergency parole based on exceptional family circumstances under the Kerala Prisons Rules.
Emergency parole can be granted for attending family functions under specified conditions.
Judicial determination of emergency parole eligibility based on familial responsibilities within the framework of Prisons Rules.
A petition for parole cannot be maintained if it is based on previously dismissed claims, especially when the petitioner has a history of parole violations and attempts to conceal relevant informatio....
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