Emergency leave may be granted to a convict for conducting last rites in urgent family circumstances.

J U D G M E N T

The petitioner is the mother of Convict No. 3615, who is undergoing imprisonment at Open Prison, Nettukaltheri, Thiruvananthapuram.

2. The father of the convict expired on 24.11.2025.

According to the petitioner, the convict is the only son available to conduct the last rites of the deceased. The elder son of the deceased is a mentally disabled person. Hence, the petitioner gave an application for granting emergency leave for the convict through e-mail. However, that has not been processed so far. It is in these circumstances, the petitioner has approached this Court.

3. I have heard Sri.Vishnuprasad Nair, the learned counsel for the petitioner and Sri.E.C.Bineesh, the learned Senior Public Prosecutor.

4. The learned Senior Public Prosecutor on instructions submits that since the code of conduct came into force, the application has been forwarded to the jail head quarters at Thiruvananthapuram. Therefore, considering the fact that the last rites of the convict's father has to be conducted urgently and as the convict is the only son available, I am of the view that the emergency leave can be granted.

5. Hence, the respondent No.2 is directed to grant emergency leave to the Convict No.3615 who is undergoing imprisonment at Open Prison, Nettukaltheri, Thiruvananthapuram for a period of one week. The respondent No.2 is directed to release the petitioner today itself. Communicate this judgment by e-mail to the respondent No.2. The learned Public Prosecutor shall also orally give communication to the respondent No.2.

The writ petition is disposed of as above.