If Allowance Is Allowed For Grief Sharing, Why Not For Joyful Occasions? High Court

Mumbai: The Bombay High Court has given parole to a father so that he can say goodbye to his son, who is leaving for Australia to further his education. The court held that if parole can be granted for a happy event, then it can also be granted to share pain.
The court ruled that prisoners may be granted conditional parole for a limited period of time in order to maintain contact with the outside world and to manage their family's affairs as if they were still their mother, father, brother, or spouse even if they were incarcerated.

In its ruling on July 9, a division bench of Justices Bharati Dangre and Manjusha Deshpande stated that parole and furlough policies have frequently been viewed as a "humanistic approach" to dealing with prisoners.

The petitioner, Vivek Shrivastav, was asking the court to grant him parole so that he could pay his son's tuition and other costs to an Australian institution and say goodbye to him.

The prosecution contested the plea, arguing that parole is typically granted in cases of dire necessity. It stated that providing funds for college or saying goodbye to a son should not be the basis for granting parole.

The supreme court declared that it did not comprehend the prosecution's logic.

"Grief is an emotion, so is happiness and if parole can be granted to share grief, why not to share a happy occasion or moment," the Supreme Court stated.

The court expressed its inability to comprehend why the petitioner in this case, who need parole to organize for his son's overseas schooling and say goodbye, should not be able to benefit from the regulation if it can be granted to celebrate marriage.

Shrivastav was given ten days of parole by the court.

In a 2012 murder case, Shrivastav was found guilty and is currently serving a life term. He was found guilty in 2018, and in 2019, he appealed his conviction in the HC.

In accordance with his appeal, his kid has been accepted to a study in Australia, for which he must pay ₹ 36 lakh in tuition fees in addition to living and travel expenses.