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2024 Supreme(Online)(KER) 34476
HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
V.PARVATHI AMMA – Appellant
Versus
STATE OF KERALA – Respondent
WP(Crl.) 1192/2024
T.MADHU, C.R.SARADAMANI, RENJISH S. MENON, AISWARYA JAYAPAL, ALEENA JOSE, KARTHIK KRISHNA M.
Emergency leave for convicts must be granted for the marriage of a nephew as per Rule 400(2) of the Kerala Prisons and Correctional Services Rules, ensuring timely consideration of applications.
Headnote:(A) Kerala Prisons and Correctional Services (Management) Rules, 2014 – Rule 400(2) – Emergency leave for convicts – The petitioner sought emergency leave for her grandson's marriage, which is permissible under the rules for the nephew of the convict – The court emphasized the need for timely decisions on such applications to avoid undue delays. (Paras 1-4) Facts of the case: The petitioner, whose son is a convict serving life imprisonment, applied for emergency leave for her grandson's wedding scheduled for 10.11.2024, but no decision had been made on the application submitted on 18.10.2024. Findings of Court: The court directed the 4th respondent to consider and pass orders on the emergency leave application within 48 hours. Issues: The main issue was whether the emergency leave should be granted for the wedding of the convict's nephew as per the rules. Ratio Decidendi: The court ruled that since the rules allow for emergency leave for such occasions, there is no valid reason to deny it, and timely action on leave applications is essential. Result: Writ petition disposed of with directions.
JUDGMENT
Petitioner's son is Convict No.344/2019, who is undergoing imprisonment for life and is lodged at the Central Prison and Correctional Home, 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.P3. 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, she has approached this Court.
2. I have heard the learned counsel for the petitioner as well as 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.P2 relates to the nephew of the convict, there is no reason why the emergency leave should be denied to the convict, 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.P3. 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.P3 application has been preferred much ahead of the date.
4. In such circumstances, there will be a direction to the 4th respondent to consider and pass appropriate orders on Ext.P3, within 48 hours from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
