Emergency leave should be granted when medical necessity is established, especially considering the age of the applicant.

J U D G M E N T

The petitioner's son is a life convict undergoing imprisonment at the Central Prison and Correctional Home, Kannur.

2. The convict submitted an application for fifteen days'

emergency leave on the ground that the petitioner has to undergo total knee replacement surgery. The application was dismissed as per Ext.P2 order. It is challenging the said order, the petitioner has approached this Court.

3. I have heard Smt.Saipooja, the learned counsel for the petitioner and Sri.Sangeetha Raj N.R., the learned Public Prosecutor.

4. The application for emergency leave was dismissed as per Ext.P2 order, holding that the disease of the petitioner is not a fatal one as stated under Rule 400(1)(i) of the Kerala Prisons & Correctional Services (Management) Rules, 2014 (for short, 'the Rules'). Ext.P1 is the medical certificate. It would show that the petitioner has been advised to undergo total knee replacement surgery. The petitioner is aged 70 years. Considering the age and the disease of the petitioner, it cannot be said that the disease does not fall under Rule 400 of the Rules. Ext.P3 medical certificate shows that the surgery is scheduled on 03.12.2025. In these circumstances, the respondent No.2 is directed to grant emergency leave to the convict for seven days w.e.f. 30.11.2025, as per Rules.

The writ petition is disposed of as above.