Jayanandan is serving three life sentences in Viyur Central Prison. (Representative)
Kochi:
‘Ripper’ Jayanandan, a notorious criminal serving a life sentence, will be able to attend his daughter’s wedding next week after the Kerala High Court granted him parole, noting that a person convicted of a crime could be considered a non-criminal. -Does not reduce in humans.
The High Court granted relief to Jayanandan, a dreaded killer lodged in a high-security prison in central Kerala’s Thrissur district, on a petition filed by his wife.
Jayanandan is serving three life sentences in Viyur Central Prison.
They will be allowed to attend the wedding ceremony at Thrissur’s Vadakkumanathan temple on Wednesday under heavy police surveillance.
In her petition before the court, Jayanandan’s wife challenged the reluctance of the authorities to grant relief to her husband for attending the wedding. The couple has two daughters.
The petitioner was represented by his advocate daughter.
“Since the marriage of the daughter is an auspicious occasion and the presence of the father of the bride in that function is most appropriate, this Court is of the view that the petitioner’s husband should be granted parole to attend the marriage of his daughter.” Justice Bechu Kurian Thomas said in the order.
“For the purposes of marriage functions, he is also allowed to visit his home from 9 am to 5 pm on March 21, 2023 and will be sent back to jail on the same day. He is also allowed to attend the marriage. ” It has been said in the order that again on March 22 from 9 am to 5 pm.
The court held that conviction for an offense does not reduce a person to a non-human.
“The convicts are not deprived of their fundamental rights, as held in Sunil Batra v. Delhi Administration (1978) 4 SCC 494. Though certain rights of the convicts have been denied and are capable of being deprived, Basic human rights cannot be crippled,” the court said.
The High Court said that it cannot be oblivious to the “glorious” right to liberty enshrined in Article 21 of the Constitution of India.
“The guarantee of every individual’s right to liberty and life under the aforesaid constitutional provision has been interpreted to include the right to live with human dignity. Though a convict, the husband of the petitioner is also entitled to protection in the aspects of right to life and liberty. enjoys the law.
“Ordinarily the opportunity to attend a daughter’s marriage should be treated as part of that liberty. When the statute permits the grant of emergency parole, there is no reason to deny such an aspect of her liberty. should be done to him being a criminal,” the court said.
The court, however, said that the conduct of the convict in jail is not above board.
Noting that he had escaped from prison twice and was even tried and found guilty of those crimes, the court held that he was deemed to be a person who attempted to escape on every occasion.
“Since it has been pointed out that there are serious security threats to the convict being taken from the jail, the respondents 1 (Government) and 3 (Thrissur City Police) shall ensure strong and adequate police surveillance including escort, and the convict shall not escape.
“However, the accompanying police or escort personnel shall be in plain clothes and shall not interfere with the functions relating to the marriage, unless the circumstances warrant,” it said.
In 2016, the High Court had commuted the death sentence of Jayanandan, accused in multiple cases of murder and dacoity, to life imprisonment in a murder case.
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