June 25, 2025 | Kochi, In a significant judgment upholding the primacy of human rights, the Kerala High Court recently granted escort parole to a death row convict to visit his ailing 93-year-old mother, invoking its extraordinary jurisdiction under Article 226 of the Constitution.
The order was passed by Justice PV Kunhikrishnan, who underscored that the Indian justice system is not rooted in retributive ideals and must embrace humanity, compassion, and empathy, even when dealing with condemned prisoners.
Background
The convict is one among 14 persons sentenced to death by a Sessions Court in 2023 for the murder of BJP leader and lawyer Ranjith Sreenivasan. All were reportedly associated with the now-banned Popular Front of India (PFI) and Social Democratic Party of India (SDPI). Their appeals against conviction and sentencing are pending before the High Court.
Despite the gravity of the offence, the Court stressed that even prisoners on death row have fundamental rights which cannot be disregarded.
Statutory Bar vs. Constitutional Discretion
The parole application was initially rejected by prison authorities citing:
- Section 42 of the Kerala Prisons and Correctional Services (Management) Act, 2010
- Rule 339(2) of the Kerala Prisons and Correctional Services (Management) Rules
Both provisions expressly bar parole or emergency escort for prisoners sentenced to death.
However, Justice Kunhikrishnan held that statutory provisions cannot override constitutional principles, stating:
“India is not a country where retributive punishment like ‘an eye for an eye, a tooth for a tooth’ is adopted… Justice, without the soft hand touch of humanity, compassion, and empathy, is not justice.”
Court’s Observations
While acknowledging the heinous nature of the offence, the Court made clear that judicial institutions must not mirror the cruelty of the crimes they adjudicate. It observed:
“When the prisoner, who is a condemned prisoner waiting for death sentence, submits before this Court that he wants to see his mother, who is in a sinking stage, this Court cannot shut its eye, even though he was inhuman to the deceased and his relatives when he committed the murder.”
The Court reiterated its duty to uphold the basic rights of prisoners until the final execution of their sentence.
Relief Granted
The Court:
- Directed that the convict be taken on escort parole within three days of receiving the certified copy of the order.
- Allowed the convict to spend at least six hours with his mother under strict police surveillance.
- Directed that the arrangements be supervised by the District Police Chief, Thiruvananthapuram City.
The petitioner, the convict’s wife, was represented by advocates KS Madhusoodanan, MM Vinod Kumar, PK Rakesh Kumar, KS Mizver, MJ Kirankumar, and Shaiq Rasal M.
Senior Public Prosecutor CK Suresh appeared for the State.
Significance
This judgment marks a reaffirmation of the Kerala High Court’s progressive approach to prisoner rights and humanitarian justice. It also highlights the independence of constitutional courts in exercising discretion to balance statutory rigidity with human dignity, especially in death penalty cases.
