Emergency leave for convicts is not permitted under existing rules; however, escort visits are allowed for rehabilitation purposes.

JUDGMENT :

The writ petition filed by the petitioner who is a convict undergoing life imprisonment at the Central Prison and Correctional Services, Kannur, seeking emergency leave to attend the religious function to be held at his home on 10.05.2025 in connection with the Hajj Pilgrimage proposed to be undertaken by his aged parents on 11.05.2025.

2. Heard the learned counsel appearing for the petitioner as well as the learned Public Prosecutor.

3. The learned counsel for the petitioner pointed to Ext. P1 pilgrim information issued by the Haj Committee of India relating to petitioner's father and mother and submitted that the religious event in the said connection is proposed to be held at his home on 10.05.2025. It is submitted that the 1^st respondent has informed that the application preferred by the petitioner seeking emergency leave to attend the event on 10.05.2025 cannot be allowed as the relevant legal norms does not permit the same. The learned counsel submits that the petitioner is of good behaviour and conduct and if not emergency leave, petitioner may be permitted to avail escort visit as envisaged in law. Reliance is also placed by the learned counsel on the dictum laid down by the Hon’ble Supreme Court in Poonam Lata v. M.L. Wadhawan and others [(1987) 3 SCC 347]; Asfaq v. State of Rajasthan and others [(2017) 15 SCC 55] and on the judgments rendered by this Court in Sandhya v. Secretary, Home Department and others [W.P. Crl. No.314/2023] and B.G. Krishna Murthy v. Union of India and others [(2025) SCC OnLine KER 464].

4. Per contra, the learned Public Prosecutor submitted that emergency leave as sought by the petitioner cannot be granted as per the relevant Rules and his application in the said respect is fit to be rejected.

5. I find merit in the submission of the Public Prosecutor that Rule 400 (i), (ii) and (ii) of the Kerala Prisons and Correctional Services (Management) Rules, 2014 do not envisage the grant of emergency leave for the purpose as sought by the convict. However, I note that Section 79 of the Kerala Prisons and Correctional Services (Management) Act, 2010 provides for ‘escort visit’ for prisoners who are not eligible for emergency leave, to visit relatives etc., under escort, on such circumstances as prescribed in the relevant Rules. Rule 415 of the Kerala Prisons and Correctional Services (Management) Rules, 2014 also speaks of the entitlement and modalities for providing such an escort visit. I note that the Hon’ble Supreme Court has in Asfaq's case (supra) while stressing on the reformative theory of punishment, held that administrators ought to encourage those offenders who demonstrate a commitment to reconcile with society and whose behaviour reveals that they aspire to live as law-abiding citizens and opined as follows:

“Convicts too must breathe fresh air for at least some time provided they maintain good conduct consistently during incarceration and show a tendency to reform themselves and become good citizens. Thus, redemption and rehabilitation of such prisoners for good of societies must receive due weightage while they are undergoing sentence of imprisonment.”

6. In the facts and circumstances of this case, after hearing both sides, I deem it fit to dispose of this writ petition with the following directions:

(i) If the convict prefers an application seeking an escort visit to attend the religious event to be held in his house on 10.05.2025, the 1^st respondent shall expeditiously consider the same and enable an escort visit to the convict to attend his house on 10.05.2025 as envisaged under Section 79 of the Kerala Prisons and Correctional Services (Management) Act, 2010 and Rule 415 of the Kerala Prisons and Correctional Services (Management) Rules, 2014.

(ii) The 1^st respondent shall be free to fix the modalities and conditions as deemed necessary for facilitating such an escort visit.

(iii) The petitioner shall, in advance, furnish to the 1st respondent, the address details of his house whe