New Delhi: The Rajasthan government on Monday challenged a Rajasthan High Court's order giving 15 days of parole to a convict who has been convicted of life term on his wife's request to have a child, in the Supreme Court.
The Supreme Court, however, refused to take a call on the matter and asked the state to approach the High Court if it has any objections to it.
According to reports, the wife of a convicted prisoner approached the High Court on April 18 seeking parole for her husband to have a child. In her plea, she cited it was her right to have a progeny with her husband and the continuous imprisonment deprived her of her right to have progeny.
Since she did not commit any crime or has not been given any punishment, the denial of parole would be the deprivation of her right, the plea said.
The Rajasthan government challenged the order citing that it has prompted many convicts to apply for parole.
The High Court cited references to the right to have a progeny in some religious scriptures, with the observation that denial of conjugal rights to the prisoner, in this case, will adversely affect the rights of his wife.
The top court said it has reservations about some of the observations made by the Rajasthan High Court, but it will not intervene in the matter.