The Dharwad Bench of the Karnataka High Court granted one-day parole to two life convicts who wished to marry each other, observing that “moral consciousness cannot overtake the legal entitlement to get married”.

Justice M.G.S. Kamal allowed the writ petition filed by the two convicts serving life term, seeking parole to get married. The two petitioners have been convicted for murdering the second petitioner's husband.

“The right to marry, subject to law, cannot be denied merely on the basis of moral considerations when there is no statutory prohibition against the same,” the High Court said.

Referring to the Supreme Court ruling in Asfaq v. State of Rajasthan and Others, the Court said, “As held by the Apex Court, one of the acceptable reasons for grant of parole is to ensure that the convict gets an opportunity for rehabilitation and prepares for realignment with society.”

It further said, “In the circumstances of the present case, and having regard to the aforesaid position of law, the absence of any adverse remark against the petitioners, the period of custody undergone by them, and the fact that the proposed marriage cannot be solemnized within the jail premises, this Court, without being too technical, deems it appropriate to grant limited parole for one day.”

Accordingly, the High Court allowed the petition and directed the jail authorities to consider granting parole to the petitioners between 10 am and 5 pm on the date chosen by the petitioners, subject to the date being convenient to the petitioners and as decided by the jailer.