Court's discretion to grant leave to a convict undergoing surgery, showing flexibility in adherence to legal protocols.

JUDGMENT

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

“i. Pass a Writ of Mandamus or any other appropriate Writ directing the respondent Nos. 2 and 3 to extend the ordinary leave granted to the petitioner for a further of two weeks from 08.01.2026.

ii. Dispense with the filing of the translation of vernacular documents produced along with this Writ Petition.

iii. Pass such other Order as this Honourable Court deems fit in the facts and circumstances of the case.”

2. The petitioner is a convict (No. 3843), who is undergoing imprisonment in S.C. No. 142/2015 on the file of Second Additional Sessions Court, Thodupuzha, and is lodged at Open Prison, Nettukaltheri. The petitioner was granted ordinary leave for the period from 19.12.2025 to 08.01.2026. The learned counsel for the petitioner submitted that the petitioner met with an accident on 28.12.2025 and underwent emergency surgery on 07.01.2026. Therefore, he is not in a position to report back to the Superintendent of the prison on 08.01.2026.

3. The learned Public Prosecutor, upon instructions, submitted that the petitioner had undergone emergency surgery.

4. Having regard to the circumstances brought out, the ordinary leave granted to the petitioner is extended for a period of ten days, that is, until 17.01.2026.

The writ petition is disposed of accordingly.