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2025 Supreme(Online)(Ker) 53366

IN THE HIGH COURT OF KERALA AT ERNAKULAM
DR. KAUSER EDAPPAGATH, J
MUNEERA A. – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 1621 OF 2025



Advocates:
For the Appellants/Petitioners: Shri.E.A.Haris, Shri.M.A.Ahmad Saheer, Sri.Muhammed Yasil, Smt.Aagi Johny
For the Respondents: Sri.Sangeetha Raj.N.R-PP

Emergency leave for convicts is mandated under specific prison management rules, highlighting the need for timely consideration of applications.

Headnote:The petitioner, wife of an imprisoned convict, sought emergency leave for her husband to attend a family marriage, referencing Rule 400(1)(ii) of the Kerala Prisons & Correctional Services. The court found that the leave application was not acted upon due to local elections and directed that leave be granted. The petitioner’s grievance was thus resolved by allowing emergency leave for five days starting from 29.11.2025.

Table of Content
1. need for prison leave for family marriage (Para 1 , 2)
2. counsel's arguments presented before the court (Para 3)
3. court's directive based on rules amidst election constraints (Para 4)

J U D G M E N T

The petitioner is the wife of Mr.Shameer, who is undergoing imprisonment at the Open Prison and Correctional Home, Nettukaltheri, Thiruvananthapuram.

2. The convict's nephew's marriage is fixed on

30.11.2025, as evident from Ext.P1 invitation letter. Ext.P3 application has been submitted by the petitioner seeking emergency leave for the convict to attend the marriage. The grievance of the petitioner is that the said application has not been considered due to the declaration of the local body election. It is in these circumstances, the petitioner has approached this Court.

3. I have heard Sri.E.A.Haris, the learned counsel for the petitioner and Sri.Sangeetha Raj N.R., the learned Public Prosecutor.

4. The learned Public Prosecutor on instructions submits that the enquiry confirms that the convict's nephew's marriage is fixed on 30.11.2025. However, no action was taken on the application filed by the petitioner for emergency leave due to the issuance of the Election Model Conduct Rules. The convict is entitled to get emergency leave as per Rule 400(1)(ii) of the Kerala Prisons & Correctional Services (Management) Rules, 2014. Hence, the respondent No.2 is directed to grant emergency leave to the convict for five days w.e.f. 29.11.2025.

The writ petition is disposed of as above.

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