In a compassionate ruling, the Kerala High Court has granted escort parole to a death row convict, allowing him to visit his critically ill 93-year-old mother. The convict, who is currently imprisoned at the Central Prison and Correctional Home, Thiruvananthapuram, was permitted to spend at least six hours with his bedridden mother under strict police supervision.
The Court observed:
"Justice, without the soft hand touch of humanity, compassion, and empathy is not justice."
The case titled Jasmin Shaji v. State of Kerala and Others [WP(Crl.) No. 770 of 2025] was heard by Justice P.V. Kunhikrishnan. The petitioner, wife of the convict, approached the High Court after her husband's application for parole was rejected twice by prison authorities. The denial was based on Section 42 of the Kerala Prisons and Correctional Services (Management) Act, 2010 and Rule 339(2) of the related Rules, which bar parole or escort visits for prisoners sentenced to death.
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Despite this legal bar, the Court held that such rules should not override basic human rights in exceptional circumstances. The convict's mother, as confirmed by medical documents, suffers from multiple serious conditions, including multi-infarct syndrome and vascular dementia, and is fully bedridden.
While acknowledging the severity of the convict’s crime—murdering a man in front of his family—the Court emphasized the importance of upholding fundamental rights and human dignity, even for those on death row.
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“A court of law cannot take an inhuman stand like the prisoner who orphaned the kith and kin of the victim. India is not a country where retributive punishment like ‘an eye for an eye, a tooth for a tooth’ is adopted. Our country is known for its humanity, compassion, and empathy while delivering justice.”
Invoking its powers under Article 226 of the Constitution, the High Court overruled the prison authorities’ decision and allowed the convict to meet his mother. The Court noted that while previous parole denials (such as one for attending a marriage) were justified, this case presented exceptional humanitarian grounds.
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“When a 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.”
The Court directed prison and police officials to make necessary arrangements for the escort parole within three days of receiving the order. The convict will remain under continuous police surveillance during the visit.
Case No: WP(Crl.) 770 of 2025
Case Title: Jasmin Shaji v State of Kerala and Others
Petitioner: Jasmin Shaji
Respondents: State of Kerala and others
Advocates for Petitioner: K. S. Madhusoodanan, M. M. Vinod Kumar, P. K. Rakesh Kumar, K. S. Mizver, M. J. Kirankumar, Shaiq Rasal M.
