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2024 Supreme(Online)(KER) 39111
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946 WP(CRL.) NO. 1165 OF 2024 CRIME NO.167/2006 OF Iritty Police Station, Kannur PETITIONER :
V PARVATHIAMMA AGED 75 YEARS, W/O KUNHIRAMAN DEEPAM HOUSE, PUNNAD, KEEZHUR, KANNUR, PIN – 670 703 BY ADVS. S.RAJEEV V.VINAY M.S.ANEER SARATH K.P.
PRERITH PHILIP JOSEPH ANILKUMAR C.R.
K.S.KIRAN KRISHNAN RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE ADDITIONAL CHIEF SECRETARY (HOME)
DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
3 THE DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL SERVICES, JAIL HEADQUARTERS, POOJAPURA, THIRUVANANTHAPURAM, PIN – 695 012
4 THE SUPERINTENDENT CENTRAL PRISON & CORRECTIONAL HOME, KANNUR, PIN – 670 004 BY SRI.C.N.PRABHAKARAN, PUBLIC PROSECUTOR THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 30.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
=-=-=-=-=-=-=-=-=-=-=-=-= W.P. (Crl.) No.1165 of 2024 -=-=-=-=-=-=-=-=-=-=-=-=
Dated this the 30th day of October, 2024
JUDGMENT
Petitioner's son is Convict No.345/19, who is undergoing imprisonment for life and is lodged at the Central Prison, Kannur. Petitioner's grandson, who is the nephew of the convict, is getting married on 10.11.2024. Claiming an emergency leave, an application was submitted on 18.10.2024 as Ext.P2. Till date, no decision has been taken. As the date of marriage is fast approaching, petitioner apprehends that orders will not be issued within the time. Therefore, he has approached this Court.
2. I have heard Sri.S.Rajeev, the learned counsel for the petitioner as well as Sri.C.N.Prabhakaran, the learned Public Prosecutor.
3. Rule 400(2) of the Kerala Prisons and Correctional Services (Management) Rules, 2014 stipulates that emergency leave can be granted for the marriage of the nephew or the niece of the convict. If the proposed wedding as per Ext.P1 relates to the nephew of the convict, there is no reason why the emergency leave should be denied to the petitioner, since the Rules stipulate emergency leave to be granted for the wedding of the nephew. Hence, appropriate orders will have to be passed at the earliest on Ext.P2. Delay in passing orders on emergency leave applications and waiting until the eve of the scheduled date is not a proper method, especially when Ext.P2 application has been preferred much ahead of the date.
In such circumstances, there will be a direction to the 4th respondent to consider and pass appropriate orders on Ext.P2, within 48 hours from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
