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S. M. SUBRAMANIAM, R. SAKTHIVEL
Mahalakshmi – Appellant
Versus
State – Respondent
ORDER :
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to grant emergency leave for 15 days without escort to the detenue, Ranjithkumar S/o Mani aged about 35 years, convict prisoner, bearing Convict No. 8929 confined at Central Prison, Salem.
1. The Writ of Mandamus has been instituted to direct the respondents to grant emergency leave for 15 days without escort to the detenu Ranjithkumar S/o Mani aged about 35 years bearing Convict No. 8929 confined at Central Prison, Salem.
2. The petitioner submitted an application seeking Emergency Leave for 15 days on the ground that the assistance of her husband/convict prisoner is required at the time of taking treatment for the petitioner.
3. The Probation Officer submitted his report stating that the wife of the convict prisoner is taking treatment for serious ailments. The petitioner has submitted the medical report, which would reveal that the wife of the convict prisoner is taking treatment.
4. Considering the fact that the presence of the convict prisoner for providing treatment to his wife is required, we are inclined to permit the petitioner's husba
Emergency leave for convicts can be granted under exceptional circumstances, balancing the convict's rights with the need for public safety and order.
Emergency leave for convicts may be granted under compassionate grounds as per prison regulations.
A court may grant parole if significant qualifying circumstances exist, such as caring for a seriously ill family member.
The court affirmed the right to emergency parole under specified circumstances as outlined in the Kerala Prisons & Correctional Services (Management) Rules, 2014.
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