Despite a rule prohibiting prisoners from going out of jail to tie the nuptial knot, the Bombay High Court has ordered release of a convict on parole for seven days to enable him solemnise his marriage.
Justices P.V. Hardas and M.L. Tahiliyani said, “It is true that as per Rule 19 relating to the release of prisoners on parole and furlough, the petitioner is not entitled to seek parole on the ground of his own marriage, yet we allow his plea in view of peculiar circumstances”.
A complex question concerning the interpretation of Rule 19 relating to the release of prisoners on parole and furlough has been raised through this petition, the judges said recently in their order.
The petition contended that the marriage of Assis Domnic Warwarle was scheduled to be performed in a church as he and his bride-to-be are Christians.
As per the customs, the petitioner and his bride were required to undergo a pre-marriage counselling, which is scheduled on a day earlier to the date of solemnisation of the marriage.
“In the peculiar facts of the case, therefore, we are inclined to allow this petition and his release on parole for seven days, so as to enable him to attend the ceremonies and solemnise his marriage,” the judges noted.
The bench, therefore, ordered release of Warwarle, currently in Nagpur jail, on parole after executing a surety bond, for a period of seven days, on such terms and conditions which the authorities may deem fit to impose.
Warwarle had challenged an order of the Divisional Commissioner, Nagpur, on July 5 this year, which had rejected his plea for release on parole for his marriage.
The Nagpur Divisional Commissioner came to the conclusion that the provisions of Rule 19 relating to the enlargement of the prisoners on parole did not warrant the release on grounds of his marriage.
Earlier, the petitioner had filed a criminal petition in the High Court praying for his release on parole. The court had directed the authorities to decide his application. Later, his plea was rejected following which Warwarle challenged the order in the High Court by filing a fresh petition.