Back
2023 Supreme(Online)(KER) 30105
HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
SARATH – Appellant
Versus
STATE OF KERALA – Respondent
WP(Crl.) 707 2023
ARUN KRISHNA DHAN, T.K. SANDEEP, ARJUN SREEDHAR, ALEX ABRAHAM, VEENA HARIKUMAR, SWETHA R. HARIKRISHNAN, P.B.
Extraordinary circumstances may warrant a limited extension of leave despite existing rules prohibiting further extensions.
Headnote:
Leave - Petition for Extension of Leave - None Stated
Fact of the Case:
The petitioner, convicted and serving life imprisonment, sought an extension of his ordinary leave following his father's death, claiming the 16th-day rituals were significant and required his presence.
Finding of the Court:
The court acknowledged the claim regarding the significance of the funeral rites but found the request for a two-week extension unreasonable, ultimately granting an extension until 4:30 PM on 25.07.2023.
Issues: Whether the court could extend the petitioner's leave beyond the ordinary period due to the funeral rites of his deceased father.
Ratio Decidendi: The court ruled that although rules did not allow for an extension, extraordinary circumstances justified a limited extension of the leave.
Final Decision: The petitioner's ordinary leave was extended until 4:30 PM on 25.07.2023.
JUDGMENT
Petitioner was the 6th accused in S.C.No.555/2008 on the files of the Sessions Court, Thrissur. He is a convict, serving life imprisonment from 14.9.2012.
2. On 20.6.2023 petitioner was permitted to go on an ordinary leave for 30 days and he is bound to return to prison on 23.6.2023. In the meantime, on 09.07.2023 petitioner’s father expired. Alleging that the funeral rites, especially the important function of the 16th day of death falls on 24th of July 2023, petitioner seeks for a direction to extend his period of leave by two weeks.
3. In view of the requirements of the petitioner to return on
23.07.2023, this Court called for urgent instructions. Sri. C.N Prabhakaran, the learned Government Pleader submitted that, petitioner has already been granted 30 days ordinary leave and the Rules do not provide for any further extension until the next three months. It was further submitted that, since extension of leave is not permissible as per Rules this Court ought not to direct any such extension under any circumstances.
4. I have considered the submissions of Sri. Arun Krishna Dhan, the learned counsel for the petitioner as well.
5. The petitioner’s father died on 09.07.2023 which fact is not disputed. The 16th day of funeral rites which is claimed to be an important rite, after death of a Hindu is also not disputed. The said date falls on 24.07.2023. Petitioner is bound to return to prison on the evening of 23.07.2023. Therefore, it is only a maximum of one day and the traveling time that is required to enable the petitioner to attend to the funeral rites. Petitioner’s request to extend the time for two weeks is therefore unreasonable.
6. However, notwithstanding the objection of the learned Government Pleader, I am of the view that, time to return to jail after completion of the ordinary leave can be extended till 4.30 P.M, on 25.07.2023, considering the extra ordinary circumstances that has arisen due to the death of the petitioner’s father.
7. In view of the above the ordinary leave granted to the petitioner which expires on 23.6.2023, shall stand extended till
4.30 P.M on 25.07.2023 within which time petitioner shall return to the Central Prison, without fail.
Writ petition is disposed of as above.
H/o. Sd/-
BECHU KURIAN THOMAS JUDGE
57/2016/3384 DATED 20.06.2023 ISSUED BY SUPERINTENDENT, OPEN PRISONS AND CORRECTIONAL HOME NETTUKALTHERI.
Exhibit P2 TRUE COPY OF THE DEATH CERTIFICATE OF DECEASED CHANDRAN ISSUED BY GOVT.
MEDICAL COLLEGE, THRISSUR.
Exhibit P3 TRUE COPY OF THE 'CHARTHU' PREPARED BY ASTROLOGER MURALEEDHARAN PADINJATIEDATH.
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED
17/07/2023 PREFERRED BY THE PETITIONER.
