Court ensures temporary release of prisoners for funeral rites, emphasizing rights alongside security.
In a significant ruling, the Allahabad High Court has granted custody parole to Mohd. Umar and Ali Ahmad, currently held in District Jails of Lucknow and Jhansi, respectively, allowing them to attend the funeral rites of their brother, Aban Ahmad, who tragically passed away in an accident. The decision underscores the importance of upholding prisoners' rights to familial obligations while ensuring strict security measures.
The bench, comprising Justices Ajay Bhanot and Divesh Chandra Samant, heard the writ petition filed by Parveen Qureshi, the paternal aunt of the incarcerated brothers. Represented by advocates Syed Safdar Ali Kazmi and Shadab Ali, Qureshi appealed for temporary custody parole for the brothers to participate in the burial and religious ceremonies of their deceased sibling.
The court was informed about the unfortunate demise of Aban Ahmad in an accident on August 6, 2026. Given the urgency, the court prioritized the hearing, acknowledging the petitioner's familial responsibility towards the minors, Ehzam Ahmad and the deceased Aban Ahmad, as previously recognized by the Child Welfare Committee, Prayagraj.
During the proceedings, both Mohd. Umar and Ali Ahmad expressed their desire to attend the funeral via video conferencing, affirming the petitioner as their aunt. They agreed to adhere to court-imposed conditions during their temporary release, which include remaining under police escort, avoiding public addresses or media interactions, and promptly returning to jail post-ceremony.
The State, represented by Government Advocates, raised no objections but emphasized strict adherence to parole conditions for security reasons. The court mandated that police authorities ensure the brothers' safety throughout the parole period and allowed a monitored family meeting with their younger sibling and aunt.
This judgment highlights the judiciary's role in balancing human rights with legal constraints, providing a humane approach to justice while maintaining public safety.
Bottom Line:
Custody parole granted to prisoners for attending funeral rites of their sibling, ensuring their rights while maintaining strict adherence to security and parole conditions.
Statutory provision(s): Article 226 of the Constitution of India.
Parveen Qureshi v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2956525
