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Kerala High Court Grants Parole To 'Ripper Jayanandan' For Attending Daughter's Wedding

Navya Benny
19 March 2023 5:24 AM GMT
Kerala High Court Grants Parole To Ripper Jayanandan For Attending Daughters Wedding

The Kerala High Court on Friday granted parole for a period of fifteen days to 'Ripper Jayanandan', an infamous killer accused of seven murders committed during thirty-five robberies, for partaking in the wedding of his daughter. In the petition filed by the wife of the convict, their daughter, Advocate Keerthi Jayanandan had appeared as the counsel.

Justice Bechu Kurian Thomas, while allowing the petition, observed,

"... this Court cannot be oblivious to the glorious right to liberty enshrined in Article 21 of the Constitution of India. The liberty of every individual and the right to life guaranteed under the aforesaid constitutional provision has been interpreted to include the right to live with human dignity. Though a convict, petitioner’s husband also enjoys the facets of right to life and liberty within the limits of law. Normally the opportunity to participate in the wedding of a daughter has to be treated as part of that liberty. When the statute permits the grant of emergency parole, there is no reason why such a facet of his liberty ought to be denied to him despite him being a convict".

The Court went on to observe in this regard that conviction does not reduce a person into a non-human, and that while some rights could be denied to convicts, their basic human rights could not be crippled.

It was argued on behalf of the petitioner wife of the convict by their lawyer daughter that Jayanandan had been convicted of life imprisonment and had been undergoing incarceration for the last 16 years. It was alleged that in spite of repeated requests for parole for her husband to participate in the wedding, no favourable response had been received so far, which was why she had been compelled to approach the Court.

The Statement by the Superintendent of the High Security Prison, Viyyur, revealed that the petitioner's husband had been serving three sentences of life imprisonment. However, he had escaped from the Central Prison, Thiruvananthapuram, while he was detained there and was convicted and sentenced to undergo six months simple imprisonment. Thereafter, he again escaped from the Central Prison, Kannur and was convicted and sentenced to undergo rigorous imprisonment for two years. It was thus submitted that without a favourable police report, emergency leave could not be granted as per rule 400(ii) of Kerala Prisons and Correctional Services (Management) Rules, 2014.

The Public Prosecutor Sreeja V. thus opposed the grant of any parole to the husband of the petitioner.

In this context, the Court noted that the petitioner’s husband ought to be given parole for partaking in the wedding of his daughter, since "the wedding of a daughter is an auspicious occasion and the presence of the father of the bride at that solemn function is most appropriate".

However, taking note of the offences committed by the petitioner's husband, as well as his attempts to escape at every chance, the Court was of the view that this right to partake in his daughter’s wedding could not be absolute, since the rules require good behaviour as an essential requirement for the grant of parole.

Thus, the Court permitted Jayanandan to to attend his daughter's wedding under police escort from 9.00 AM till 5.00 PM. He was permitted to visit the his house on the day before the wedding from 09.00. AM till 5.00 PM and directed to be returned to prison on the same day.

Since it was reported that there were serious security threats in taking the convict from prison, the respondent state authorities were directed to ensure that strong and sufficient Police surveillance including escort are provided and that the convict does not escape, while reminding that the accompanying Police or escort personnel shall be in plain clothes and shall not interfere with the functions related to the wedding, unless circumstances warranted the same.

"The petitioner and one of her daughters shall file an affidavit before the Sessions Court, Thrissur, undertaking that they shall ensure the return of the petitioner's husband to jail as directed in this order," the Court added while allowing the petition.

Case Title: Indira v. State of Kerala & Anr.

Citation: 2023 LiveLaw (Ker) 142

Click Here To Read/Download The Order

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