The court affirmed the right to emergency parole under specified circumstances as outlined in the Kerala Prisons & Correctional Services (Management) Rules, 2014.

JUDGMENT

The prayers in this Writ Petition filed under Article 226 of the Constitution of India are as follows:-

“i) To issue a writ of mandamus, or any other appropriate writ, order, or direction, directing the 2^nd respondent to grant one month special leave/emergency parole to the petitioner’s husband, Shivaprasad, presently undergoing imprisonment in Kannur Central Prison (C.No.424/24), so that he may attend to his critically ill mother in Law, Girija, who is admitted and undergoing treatment at Wenlock District Hospital, Mangaluru.

ii) To issue such directions dispensing production of English translation of documents in vernacular languages.

OR iii) Grant such other reliefs which this Hon’ble Court may deem fit and necessary in the facts and circumstances of this case.”

2. The petitioner is the wife of a convict. Petitioner’s husband has been convicted in S.C.No.937/2012 on the file of the Additional District and Sessions Court – II, Kasaragod, for the offences punishable under Sections 341, 302 and 153(A) r/w Section 34 of IPC. He has been sentenced to undergo various terms of imprisonment including imprisonment for life. The petitioner submitted an application under Rule 400 of the Kerala Prisons & Correctional Services (Management) Rules, 2014, seeking emergency leave stating that the mother-in-law of the convict is critically ill. The petitioner submitted a medical certificate before the authority concerned. The jail authority rejected her application on the following grounds:-

(i) The illness stated is not serious.

(ii) The medical certificate submitted on the part of the petitioner was not in the proper form.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the records.

4. As per Rule 400 of the Kerala Prisons &

Correctional Services (Management) Rules, 2014, in the event of death or serious illness of a very close relative, the convict is entitled to emergency leave for a limited period. The materials have been placed before this Court to show that the mother-in-law of the convict is undergoing treatment for Heart Failure with Reduced Ejection Fraction (HFREF). It is submitted that this is a life threatening disease.

5. The learned Public Prosecutor opposed the application contending that the disease is not serious.

6. Having regard to the circumstances brought out, I feel that the petitioner is entitled to emergency leave for a period of 20 days from 08.01.2026 to 27.01.2026.

7. The Writ Petition is allowed. Sri.K.Sivaprasad @

Sivan (C.No.424/24), who is undergoing imprisonment in the Central Prison, Kannur, is granted emergency leave for a period of 20 days from 08.01.2026 to 27.01.2026. The convict shall surrender before the Superintendent, Central Prison, Kannur on expiry of the period of leave granted.