The Punjab and Haryana High Court in the case Nishan Singh v. State of Punjab and others observed and has made it clear that a prisoner should not be denied the chance to attend a significant family event which being merely because the family members are not dependent on the prisoner.
The bench headed by Justice Anoop Chitkara on the case observed that the prisoner should not be ordinarily denied the opportunity of attending a significant family event merely because the immediate relatives, in addition to friends and the neighbours, have become accustomed to usually caring for the family members of a person under incarceration and the family is not dependent on the prisoner.
Further, the court stated that the prisoner himself not only longs for the presence, cooperation, support, and even financial help of his family but the prisoner is also expected to reciprocate by attending the sacrosanct family functions, despite of such attendance while carrying the risk of social boycott or dejection.
In the present case, the court was hearing the petition moved by a convict under Section 15 of the NDPS Act, wherein seeking parole to attend the ‘bhog ceremony’ of his father who recently died.
The counsel appearing for the petitioner contended before the court that the denial of parole would cause an irreversible injustice to the petitioner and his family.
It was argued before the court that prisoner should not be ordinarily denied the opportunity to attend a significant family event merely because immediate relatives are accustomed to caring for the family.
The court in the case observed and has imposed certain terms and conditions, while allowing the parole.
Further, the court directed the petitioner to surrender after the ceremony.
The counsel, Advocate, Sandeep Verma appeared for the petitioner.
