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2025 Supreme(Online)(Ker) 50991

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
MUHAMMED JASIM K – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 1577 OF 2025 | WP(CRL) NO. 1499/2025



Advocates:
For the Appellants/Petitioners: SMT.K.V.RASHMI
For the Respondents: SRI.SANGEETHA RAJ.N.R-PP

Extension of emergency leave granted under special circumstances despite election code of conduct.

Headnote:In this case, the petitioner was granted emergency leave for attending his child's surgery, as per Ext.P1. The petitioner applied for an extension due to the postponement of the surgery to 20.11.2025, but the application was not considered due to the election code of conduct. The court noted this and, considering the circumstances, ordered an extension of emergency leave for an additional three days. The writ petition was subsequently disposed of.

Table of Content
1. emergency leave granted for child’s surgery. (Para 1)
2. court hears arguments from both parties. (Para 2)
3. court orders additional leave based on circumstances. (Para 3)

JUDGMENT

The petitioner was granted emergency leave by this Court for a period of ten days from 6.11.2025 as per Ext.P1 judgment to attend the surgery of his two year old child. Now the petitioner's wife has preferred Ext.P2 application for extension of the period of emergency leave on the ground that the surgery is postponed to 20.11.2025. According to the petitioner, since the election code of conduct has come into force, the respondent No.2 has not considered Ext.P2 application.

2. I have heard Smt. Rashmi K.V., the learned counsel for the petitioner and Sri. Sangeetha Raj N.R., the learned Public Prosecutor.

3. Ext.P4 would show that the surgery has been postponed to 20.11.2025. The emergency leave granted to the petitioner as per Ext.P1 will expire tomorrow. The petitioner shall return to jail tomorrow. The respondent No.4 is directed to grant three days' emergency leave again to the petitioner from

19.11.2025 to 21.11.2025.

The writ petition is disposed of.

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